Property disputes are decided by civil courts on the strength of documents of title, possession and the applicable statutes.
Common types of dispute
- Title and possession, including suits for declaration of title or legal character under Section 34 of the Specific Relief Act, 1963
- Partition among co-owners and family members, including the rights of daughters as coparceners by birth, equal to those of sons, under Section 6 of the Hindu Succession Act, 1956 as amended with effect from 9 September 2005, whether or not the father was alive on that date and subject to the savings for dispositions, alienations, partitions and testamentary dispositions made before 20 December 2004, as explained in Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1
- Temporary and permanent injunctions to prevent dispossession, construction or transfer
- Wills, probate and succession under the Indian Succession Act, 1925 and personal laws
- Cancellation under Section 31 of the Specific Relief Act, 1963 of sale deeds, gifts, releases, powers of attorney, Wills and other instruments that are void or voidable, including for fraud or forgery, where they cause or may cause serious injury to the plaintiff. The grounds must be pleaded and proved, and relief sought promptly
Documents that usually matter
Registered sale deeds, the chain of title, mutation and revenue records, Wills, agreements to sell, possession documents and tax receipts. Where a registration is disputed, the Registration Act, 1908 and the evidence of execution are central. Registration does not by itself cure an invalid or non-existent transaction: execution, attestation where required, consideration, possession and surrounding circumstances remain relevant.
Limitation
Suits for property reliefs are governed by the Limitation Act, 1963. A suit for declaration is ordinarily subject to Article 58 and must be filed within three years from the date the right to sue first accrues. A suit to cancel an instrument is subject to Article 59, three years from when the facts entitling the plaintiff to cancellation first become known. A suit for possession of immovable property based on title is governed by Article 65, twelve years from the date the defendant’s possession becomes adverse to the plaintiff. A declaration alone does not recover possession, and where both are claimed the court examines title, ouster, adverse possession and limitation together. The correct starting date depends on the relief claimed and the facts.
Related practice areas
- Economic Offences and White-Collar Crime
- Delhi High Court and Supreme Court
- Startup and Employment Disputes
- Criminal Defence
- Civil and Commercial Matters
- Matrimonial and Family Law
Last reviewed: October 2026