From Registration to Possession 100 Legal FAQs for Property Buyers and Owners

1. Why is title verification necessary before buying property?

Before buying any property, it is very important to check whether the seller is the legal owner or not. Title verification confirms how the seller got the property whether through sale, gift, will, or inheritance. It also checks whether the ownership chain is continuous and valid. If there is any defect in the title, the buyer may face future disputes, cancellation of registration, or even loss of possession.
Transfer of Property Act 1882 Section 7 and 8

2. Does Agreement to Sell give ownership rights?

No. An Agreement to Sell does not transfer ownership. It is only a promise to sell the property in future. Ownership is transferred only through a Registered Sale Deed.
Transfer of Property Act 1882 Section 54, Registration Act 1908 Section 17

3. Why is property registration compulsory?

As per law, transfer of immovable property above 100 rupees value is not valid without registration. Registration gives legal protection and makes the document admissible in court.
Registration Act 1908 Section 17

4. What are the risks of paying less stamp duty?

If stamp duty is paid less, the sale deed becomes defective. The government can impose penalty and additional charges, and courts may even declare the document invalid.
Indian Stamp Act 1899

5. What is mutation and why is it important?

Mutation is the process of recording the buyer’s name in revenue records after registration. It helps in tax payment, possession security, and official recognition.
UP Revenue Code 2006 Section 30

6. Does mutation prove ownership?

No. Mutation is only for revenue purposes. The main proof of ownership is the Registered Sale Deed. Mutation is only supporting evidence.
Judicial precedents and revenue laws

7. Why is land use verification required?

If agricultural land is used for residential or commercial construction without permission, it may be declared illegal. Therefore, land use verification is essential before purchase.
UP Revenue Code 2006 and town planning laws

8. What happens if government or Gram Sabha land is purchased?

Government or Gram Sabha land cannot be sold. Any possession on such land can be removed at any time.
UP Revenue Code 2006 Section 67

9. Why is Section 67 important for buyers and owners?

Under Section 67, the Tehsildar has power to remove illegal occupation from government land. It acts as a warning for buyers and protection for public land.

10. What are the risks of buying disputed property?

If a property is under court dispute, the buyer will be bound by the final decision. Such purchases may result in financial loss.
Civil Procedure Code 1908 Section 52 Lis Pendens

11. What are the rights of a property owner?

A property owner has the right to use, transfer, and inherit property, but these rights are regulated by law.
UP Revenue Code 2006 Section 18

12. Can an owner sell property to anyone?

Yes, provided the owner is legally competent and the property is free from disputes. Transfer must be registered.
Transfer of Property Act 1882 Section 54

13. What is a Will and is registration compulsory?

A Will is a document for inheritance. Registration is not compulsory, but a registered Will reduces disputes.
Indian Succession Act 1925

14. How does mutation happen after death of owner?

After death, heirs apply for mutation by submitting death certificate and succession documents.
UP Revenue Code 2006 Section 30

15. What legal precautions are needed before renting property?

The rent agreement should be written and preferably registered. It clearly defines rent, duration, and eviction rules.
Transfer of Property Act 1882

16. How can an owner protect property from illegal possession?

Regular inspection, updated records, and timely action in revenue or civil court help protect ownership.
UP Revenue Code 2006 Section 67

17. What happens if property tax is not paid?

Local authorities can initiate attachment and recovery proceedings.
Municipal laws

18. Why is demarcation important?

Demarcation defines exact boundaries and helps avoid neighbor disputes.
UP Revenue Code 2006 Section 80

19. Which court handles property disputes?

Revenue courts handle record and mutation issues, while civil courts handle ownership and possession disputes.
UP Revenue Code 2006 Section 116

20. What is the most important legal lesson for property buyers?

All property transactions should be written, registered, and legally verified. Oral deals often lead to serious legal problems.

21. Can property be bought on Power of Attorney?

No. The Supreme Court has clarified that Power of Attorney, Agreement to Sell, or Will do not transfer ownership. Ownership comes only through Registered Sale Deed.
Suraj Lamp Case Supreme Court

22. Does possession alone prove ownership?

No. Possession is not ownership. Ownership is decided by valid legal documents, not by physical control alone.
Transfer of Property Act and Evidence Act

23. What care is needed in co ownership property purchase?

Consent and signatures of all co owners are required. One co owner can sell only his share.
Transfer of Property Act 1882 Section 44

24. Is construction allowed without approved map?

No. Construction without approval is illegal and can be sealed or demolished.
Municipal building laws

25. Can agricultural land be sold as plots directly?

No. Land use conversion permission is required before plotting.
UP Revenue Code 2006

26. Can mortgaged property be sold?

Not without bank NOC. Sale without consent is invalid.
Transfer of Property Act 1882 Section 58

27. Why is Encumbrance Certificate important?

It shows whether the property has loan or legal liability.
Registration Act 1908

28. Is oral partition valid?

It may be valid in family matters, but mutation is necessary to avoid disputes.
Judicial precedents

29. What is right of way?

It is a legal right to access property through another land. Ignoring it may cause disputes.
Indian Easements Act 1882

30. Is buying land without demarcation safe?

No. It may lead to boundary and area disputes.
UP Revenue Code 2006 Section 80

31. Is showing lower value in sale deed an offence?

Yes. It is stamp duty evasion and punishable.
Indian Stamp Act 1899

32. Can an occupier become owner?

Only if adverse possession is legally proven, which is difficult.
Limitation Act 1963

33. Does sale become invalid if owner dies?

If death occurs before sale, transaction without heirs is invalid.
Indian Succession Act 1925

34. Can a registered sale deed be cancelled?

Yes, if done by fraud or coercion.
Specific Relief Act 1963

35. What is benami property?

Property bought in another person’s name with own money.
Benami Act 1988

36. Can property be sold without succession proof?

It is highly risky and may lead to cancellation later.
Indian Succession Act 1925

37. Is stay order information important?

Yes. Buying stayed property is illegal.
Civil Procedure Code 1908

38. Can joint family property be sold individually?

Only the Karta, under limited conditions.
Hindu law

39. What is the role of revenue and civil courts?

Revenue courts handle records, civil courts handle ownership and possession.

40. Safest way to avoid legal risk in property matters?

Always deal with registered, stamped, and legally verified documents.

41. Is registration valid if possession is not given?

Yes. Property registration is legally valid even without possession, because ownership is transferred through a Registered Sale Deed. However, if possession is not given, practical disputes may arise and the buyer may need to approach the civil court.
Transfer of Property Act 1882 Section 54

42. Does previous owner’s loan apply to the buyer?

If the property already has a bank loan or mortgage and the buyer purchases it unknowingly, the liability remains attached to the property. Therefore, loan clearance certificate or bank NOC is very important.
Transfer of Property Act 1882 Section 58

43. Can ownership be proved using unregistered documents?

No. Unregistered documents cannot prove ownership. They may be used only as supporting evidence in limited situations, but not as proof of title.
Registration Act 1908 Section 49

44. What if a property has no access road?

If there is no other access, the law may grant a Right of Necessary Easement, decided by the court.
Indian Easements Act 1882

45. Can a buyer get relief if actual area is less?

Yes. If the actual area is less than mentioned in the sale deed, the buyer can claim compensation or price adjustment.
Specific Relief Act 1963

46. Is it safe to buy under construction property?

Only if project approvals, land title, maps, and developer permissions are verified. Unapproved projects are high risk.
RERA Act 2016

47. Can flats be sold without RERA registration?

No. Projects above prescribed limits must be RERA registered. Sale without registration is illegal.
RERA Act 2016 Section 3

48. Can a property owner be forcibly evicted?

No. No one can be removed without due legal process. Forced eviction is unconstitutional.
Constitution Article 300A

49. Can police help in getting possession?

Police usually do not interfere in civil disputes, but police help can be taken to execute court orders.
Civil Procedure Code 1908

50. Why is registration required in property partition?

If partition changes ownership rights and is written, registration is compulsory, otherwise disputes may arise.
Registration Act 1908 Section 17

51. Is a Gift Deed legally valid?

Yes. A registered Gift Deed made voluntarily is legally valid.
Transfer of Property Act 1882 Section 122

52. Can a minor’s property be sold?

No. Sale without court permission is illegal.
Guardian and Wards Act 1890

53. Can a tenant become owner by possession?

No. Tenancy does not create ownership rights.
Transfer of Property Act 1882

54. Can property be sold if documents are lost?

Only after FIR, newspaper notice, and legal duplicate process.
Registration Rules

55. Can sale be stopped due to unpaid taxes or penalties?

Yes. Government authorities may attach the property, affecting sale.
Revenue laws

56. Is oral sale of property valid?

No. Immovable property sale must be written and registered.
Transfer of Property Act 1882 Section 54

57. Is possession safe without demarcation?

No. Lack of demarcation leads to boundary disputes.
UP Revenue Code 2006 Section 80

58. Can court impose injunction on property?

Yes. Courts can issue temporary or permanent injunctions.
Civil Procedure Code 1908

59. Can fraud be claimed even after registration?

Yes. Fraudulent registrations can be cancelled.
Specific Relief Act 1963

60. Why should buyers and owners know property laws?

Because property is a major lifetime investment, and legal ignorance can cause long disputes and losses.

61. Is it safe to buy a house built without approved map?

No. Such construction is illegal and may be sealed or demolished.
Municipal Acts and Building Bye laws

62. Can mutation be stopped after registration?

Yes. If objections arise, revenue officers may halt mutation until hearing.
UP Revenue Code 2006 Section 30

63. Are oral agreements valid in property matters?

No. Oral agreements are weak and difficult to prove in court.
Transfer of Property Act 1882

64. Is it safe to buy plot in illegal colony?

No. Illegal colonies face issues like no registry, no loans, and no facilities.
Town Planning Laws

65. Do electricity or water connections prove ownership?

No. They prove usage only, not ownership.
Judicial precedents

66. Is registering without possession risky?

Legally valid, but practically risky due to possession disputes.
Transfer of Property Act 1882

67. Can there be double registration of one property?

Yes, through fraud. Courts usually cancel the later registration.
Specific Relief Act 1963

68. Are photocopies of documents sufficient?

No. Original documents must be verified.
Indian Evidence Act

69. Can a demarcation report be challenged?

Yes. Objections can be filed in revenue court.
UP Revenue Code 2006 Section 80

70. Can property be sold without heir certificate?

It becomes disputed and risky, with chances of cancellation.
Indian Succession Act 1925

71. Can a legal access road be blocked?

No. Blocking a lawful right of way is illegal.
Indian Easements Act 1882

72. Can houses on government land be regularized?

Usually no. Regularization depends on special government policies, not as a right.
UP Revenue Code 2006 Section 67

73. Can lease rights be sold?

Only as per lease conditions. Unauthorized transfer is illegal.
Transfer of Property Act 1882 Section 105

74. Is new registration needed after partition?

Yes, if ownership changes through written partition.
Registration Act 1908

75. Can Income Tax Department take action on property?

Yes. If undisclosed income or stamp duty evasion is found.
Income Tax Act 1961

76. Is showing low market value an offence?

Yes. It is stamp duty evasion with heavy penalties.
Indian Stamp Act 1899

77. Is eviction of tenant easy?

No. Eviction must follow legal procedure only.
Transfer of Property Act 1882

78. Is bank auction final?

Sometimes relief is possible, but risk level is high.
SARFAESI Act 2002

79. Is online registration valid?

Yes, if done through authorized government portals.
Registration Act 1908

80. Is changing approved building map illegal?

Yes. Unauthorized changes invite penalties and demolition.
Building Bye laws

81. Is permanent injunction forever?

It remains effective as per court order or final judgment.
Civil Procedure Code 1908

82. Is consent of all co owners required?

Yes. All co owners must agree for transfer.
Transfer of Property Act 1882 Section 44

83. Can mistakes in documents be corrected?

Yes. Through court or registration office correction process.
Registration Rules

84. Is boundary construction valid without demarcation?

No. It may be removed due to future disputes.
UP Revenue Code 2006

85. Does long possession give ownership?

Only if adverse possession is legally proved.
Limitation Act 1963

86. Can municipal notice be ignored?

No. Ignoring leads to penal action.
Municipal Acts

87. Is sale without NOC valid?

Where NOC is mandatory, sale becomes illegal.
Local Rules

88. Can registry be stopped due to tax dues?

Yes. Serious dues may block registration.
Revenue Laws

89. Should family settlement be registered?

Yes, if it changes ownership rights.
Registration Act 1908

90. Does court case affect property value?

Yes. Disputed property value reduces and sale becomes difficult.

91. Can an owner be removed forcibly?

No. Removal without law is illegal.
Constitution Article 300A

92. Can demarcation order be appealed?

Yes. Appeal provisions exist.
UP Revenue Code 2006

93. Can illegal possession complaints be filed online?

Yes. Many districts in UP provide online complaint systems.

94. Is seller still responsible after registration?

Yes, if facts were hidden or fraud was committed.
Specific Relief Act 1963

95. Is registration through fake documents a crime?

Yes. It is a criminal offence and registration can be cancelled.
Indian Penal Code

96. Is settlement possible in property disputes?

Yes. With court approval, settlement is allowed.
Civil Procedure Code 1908

97. Does getting possession take time?

Yes. It depends on court orders and situation.

98. Do all property disputes go to court?

No. Many disputes are resolved at revenue level or by settlement.

99. Is legal knowledge essential in real estate business?

Yes. Without legal knowledge, real estate becomes high risk.

100. Biggest benefit of knowing property laws?

Proper legal knowledge protects against fraud, losses, and long court cases, and ensures property safety.

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