What does a property lawyer in India actually do?
A property lawyer verifies title and ownership records, drafts and vets sale deeds and other property documents, manages registration at the Sub-Registrar's office, represents clients in property disputes and civil litigation, and handles RERA complaints against builders. For NRIs, a property lawyer can also act under a registered Power of Attorney to complete these steps without the client travelling to India.
How do I verify a property's title before buying it in India?
Title verification typically involves tracing the chain of ownership through prior sale deeds (commonly checked back 30 years or to the earliest available record), obtaining an Encumbrance Certificate to confirm the property is free of mortgages or pending litigation, checking mutation records in the local revenue office, and — for under-construction projects — confirming the project's RERA registration status.
What is the process for registering property in India?
Property registration under the Registration Act, 1908 generally involves drafting the sale deed, paying the applicable stamp duty (rates vary by state), presenting the document along with the buyer, seller, and witnesses at the Sub-Registrar's office for biometric verification and signing, and subsequently updating the mutation entry in the local revenue records to reflect the new owner.
Can NRIs fight a property dispute in India without travelling?
Yes. A registered Power of Attorney allows a lawyer to represent an NRI before courts and authorities in India, while case updates, document review, and consultations take place remotely via video call, email, and WhatsApp.
Is a General Power of Attorney enough to sell property in India?
No. Following the Supreme Court's ruling in Suraj Lamp & Industries Pvt Ltd v. State of Haryana (2011), immovable property in India cannot be legally transferred through a General Power of Attorney, Sale Agreement, or Will alone — a registered sale deed is required to transfer ownership. A GPA can authorise someone to act on the owner's behalf, including completing a registered sale, but it does not itself transfer title.
What can I do if someone has illegally occupied or encroached on my property?
A civil suit for possession and a permanent injunction can be filed under the Specific Relief Act, 1963. Where the dispute involves criminal trespass or forged documents, a parallel police complaint may also be appropriate. Suits for possession based on title generally fall within the 12-year limitation period prescribed under Article 65 of the Limitation Act, 1963, so timely action matters.
What can I do if a builder delays possession or violates RERA norms?
A complaint can be filed before the relevant State Real Estate Regulatory Authority (RERA) seeking refund with interest, compensation, or a revised possession timeline, depending on the specific violation and the project's registration status.
Do you offer property legal services to clients outside your home city?
Yes. Advocate Naresh Kalra's offices in New Delhi and Chandigarh, along with the Supreme Court chamber in New Delhi, support property matters across India, and remote consultation is available for clients who are not local to any of these offices, including NRIs based abroad.
