Property, Tenancy & Succession
Property Disputes & Recovery
Title, possession, partition and encroachment disputes over land and buildings.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
Property disputes include suits for declaration of title, recovery of possession, permanent and temporary injunctions, partition among co-owners, and cancellation of documents. A person dispossessed without due process can sue for possession within six months under Section 6 of the Specific Relief Act, 1963, without having to prove title; a suit based on title can generally be brought within 12 years (Article 65 of the Limitation Act). In Uttar Pradesh, revenue records such as the khatauni, and mutation proceedings, are relevant, and some disputes about agricultural land go before revenue courts under the U.P. Revenue Code, 2006.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
Which documents establish ownership?
The registered sale deed or other title deed, the chain of earlier title documents, revenue records (khatauni) and mutation orders, tax receipts and approved maps. Revenue entries alone are not conclusive proof of title.
Someone has encroached on my land. What can I do?
Collect proof of ownership and the encroachment (photos, a survey or demarcation report). Depending on the facts, you can seek demarcation from the revenue authorities, and file a civil suit for possession and injunction with an application for interim relief.
How does partition work?
Co-owners can divide property by a registered partition deed or a family settlement, or one co-owner can file a suit for partition, in which the court determines shares and divides the property or its value.
What should I check before buying property?
The title chain, revenue records, encumbrances (through the sub-registrar's records), pending litigation, approvals for construction, and the seller's authority to sell. A written legal opinion on title is advisable.
Attorneys Handling This Service
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