Property Law
In general terms, Property Law in any country deals with the law which governs the various issues related to the ownership of property .Property law deals with the mechanism of what an individual is entitled to own and provides guidelines to its usage and conditions. It is applicable to both real and personal property. It impacts everyone living in a society and is also an important part of land law, family law and municipal law.
Anything that is legally owned is a property. Further all the properties can be broadly categorised into Real and Personal property.Now arises a confusion between real property and personal property. What is the difference between both the laws? So basically, real property means land which thereby means land laws and includes things which are attached to land such as house, garage, commercial buildings and even trees or forest. Whereas, personal property includes things which one possess and is movable like a car.
TYPES OF PROPERTY
There are basically two types of property:-
1. Self-Acquired Property
These type of properties are owned by an individual with his own earned money and is not inherited by any of his ancestors. Properties acquired as a ‘gift’ or a ‘will’ is also considered as a Self-Acquired Property.
2. Ancestral Property
Properties which are acquired or inherited by ancestors or forefathers is known as ancestral property. The properties inherited must be atleast three generation old i.e. the property descends from father, father’s father, and great grandfather. . A person born in a family acquires the property by virtue of his birth in the family.
HOW CAN YOU CLAIM ANCESTRAL PROPERTY ?
The claim of an ancestral property comes through the birth.
For a property to be ancestral, two major conditions should be fulfilled:-
- The property should be at least three generation old.
- The same property should not have been divided into past three generations
Partition notice or a declaration to separate is one of the way through which partition of an ancestral property can be done. The partition can also be done through suits or arbitration. According to Hindu Succession Act, 2005 daughters too have a share in the property and can claim their rights. If they are denied of their rights then in that case a legal notice can be sent or can also file a suit for partition.
By any chance if the property is sold off without any notice or your consent, then in that case it is suggested that the person buying the property should be added to a party and a suit should be filed to claim ones share.
Our Expert Property Lawyers Deals with various Kinds of Property work like :
1- Sale Deed
2- Lease Deed
3- Gift Deed
4- Registered Contract
5- Various Agreements
6- Power of Attorney
7- Mutation
8- Will, Etc.
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