Real estate advisor breaks the lie most Indians still believe
According to indian law, you could have nothing even though you reside in your home, pay all of your bills, and even have it registered in your name. Millions of indians may not legally own the houses they think are theirs due to the Transfer of Property Act, 1882, which has been strengthened by a significant supreme court decision, according to real estate advisor aishwarya Shri Kapoor.
Conventional wisdom was completely upended by the 2012 Suraj Lamps ruling, which was reaffirmed in 2022. Ownership is no longer established by registration alone. "Property registration is not conclusive proof of ownership," the court made plain. Legal proof is required to establish title.
Conventional wisdom was completely upended by the 2012 Suraj Lamps ruling, which was reaffirmed in 2022. Ownership is no longer established by registration alone. "Property registration is not conclusive proof of ownership," the court made plain. Legal proof is required to establish title.
A registered sale deed supported by legitimate payment, a legitimate chain of prior ownership, a mutation certificate bearing the present owner's name, and records attesting to actual possession must all be included in the full legal chain. You might be legally invisible if you don't have this.
Kapoor identifies a typical situation: a family residence that has been inherited over the years. The present occupant has lived there for decades, pays taxes, and has electrical bills. However, they have no legal standing if the property was never transferred into their name or if there is no obvious chain of title.
She states it bluntly: "If any relative files a claim, you could lose 20 years of peace in two court hearings."
Kapoor identifies a typical situation: a family residence that has been inherited over the years. The present occupant has lived there for decades, pays taxes, and has electrical bills. However, they have no legal standing if the property was never transferred into their name or if there is no obvious chain of title.
She states it bluntly: "If any relative files a claim, you could lose 20 years of peace in two court hearings."
In official records, a mutation is a legitimate proof of ownership, not a formality. You are unable to develop the property, mortgage it, sell it, or protect it from fraud without it. The law will only look at what you can demonstrate on paper, not how long you've lived there.
Kapoor claims that verbal inheritance, missing mutation, or informal agreements involving power of attorney account for 80% of property problems in India. These legal proceedings can stretch on for years, emotionally and financially taxing families.
Her message is straightforward and urgent: you don't own something if you can't prove it. Now is the moment to address that.
Kapoor claims that verbal inheritance, missing mutation, or informal agreements involving power of attorney account for 80% of property problems in India. These legal proceedings can stretch on for years, emotionally and financially taxing families.
Her message is straightforward and urgent: you don't own something if you can't prove it. Now is the moment to address that.