Property & real estate

Title and partition, tenancy and eviction, RERA, sale deeds and specific performance.

Questions advocates ask about Property & real estate

Title to immovable property passes by a registered document, and the common property disputes turn on registration, limitation and possession. For under-construction projects, the Real Estate (Regulation and Development) Act, 2016 gives a buyer a remedy before a statutory authority.

Is an unregistered sale deed valid?

A sale of immovable property of the value of ₹100 or more can be made only by a registered instrument, so an unregistered sale deed does not pass title. An unregistered document that the law requires to be registered cannot be received as evidence of the transaction, though it may be used for a collateral purpose or as evidence of a contract in a suit for specific performance. The Supreme Court has held that a general power of attorney, an agreement to sell or a will cannot by itself transfer title to immovable property.

Transfer of Property Act, 1882, s. 54; Registration Act, 1908, ss. 17, 49; Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, (2012) 1 SCC 656

How long can a person be out of possession before losing the right to recover it?

A suit to recover possession of immovable property must be brought within twelve years from when the defendant's possession becomes adverse. A person in possession for that period, openly, continuously and in a way hostile to the owner, can claim title by adverse possession, and the Supreme Court has held that this can be raised both as a defence and as the basis of a claim.

Limitation Act, 1963, Article 65; Ravinder Kaur Grewal v. Manjit Kaur, (2019) 8 SCC 729

When must a real estate project be registered under RERA?

A project must be registered with the state Real Estate Regulatory Authority if the land exceeds 500 square metres or it has more than eight apartments, and ongoing projects that had not received a completion certificate when the Act came into force were also brought in. A buyer can complain to the Authority for delay or default. The Supreme Court has upheld the Act and held that a buyer who wants to withdraw from a delayed project has an unqualified right to a refund with interest.

Real Estate (Regulation and Development) Act, 2016, ss. 3, 18, 31; Newtech Promoters and Developers Pvt. Ltd. v. State of U.P., (2021) 6 SCC 325

What must a buyer show to get specific performance of an agreement to sell?

That they have always been ready and willing to perform their part of the contract, and that the suit is brought within three years. Since the 2018 amendment specific performance is no longer a discretionary relief in the way it was: the court is expected to grant it unless the Act provides otherwise, and the buyer need not first prove that damages would be inadequate.

Specific Relief Act, 1963, ss. 10, 16(c) (as amended in 2018); Limitation Act, 1963, Article 54

Prepared by The EduLaw Editorial Team on 2 November 2026. It has not yet been reviewed by a named advocate. Educational content, not legal advice; check the current text of each provision before relying on it.

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