Buying a residential property is everybody’s dream, but not many people know or understand the real estate laws in India. Real estate is a considerable investment – for which most people spend the better part of their lives planning, saving, and repaying a home loan. A financial undertaking this big requires homeowners to protect themselves and their properties in every possible capacity.
One way to do this is by learning their ownership rights. The common misconception is that property laws are complex and hard to grasp. However, they are simple, and one can easily know their rights and protect themselves if need be.
Here are some property rights in India that all homeowners and potential buyers should know of:
The right to possession of the property
The right to possession states that one has full rights over the ownership and possession of the property as long as all financial dues are cleared. This means once homeowners pay the cost of the property, including any pending loan repayments to the home loan lender, they will receive a clearance certificate and title. These serve as proof and offer the homeowner the legal ownership of a property.
The right to evict a tenant
The right of the tenants is protected under the Maharashtra Rent Control Act, 1999. The Landlords who may be renting their property to others are also protected from losing their property or getting their house to themselves when needed with recent rulings of the court.
One can now ask the occupant to vacate the house with prior notice in the case of a rental agreement breach. Landlords can also ask the occupants to leave the house for many other reasons. However, one needs to give the tenant prior notice in this case.
Exclusion rights
The property law in India states that homeowners have the authority to choose who enters their house. One can disallow specific individuals from entering their homes as they see fit. The owner of the property has the right to privacy and can even take legal action against those who step on the property without prior permission.
Control rights
Among other property rights, before buying the property the home buyer has flexibility over the choice of interiors, size of rooms, the purpose of use, and other similar things. However, it is crucial to understand that these rights are subject to the local rules and regulations of the resident’s welfare association or other governing bodies in the area.
For instance, some areas may be earmarked for residential purposes and may not be used for commercial purposes. Similarly, some residential areas may have rules regarding the height of the property, the size of the balconies, parking space, and more. Homeowners should abide by these rules.
Selling rights
The homeowner is entitled to sell, rent, or put the property on lease whenever needed subject to compliance with the terms and conditions of the rules and regulations of the cooperative housing society. This allows one the flexibility to use the property as they see fit and earn rental income from it. However, for homeowners to sell their houses or other properties, one must ensure that all loan repayments are complete and there are no debt liabilities on the property.
Title insurance
In addition to the above rights, insurance providers in India now offer homeowners title insurance. This indemnity insurance protects owners from financial losses due to any defect in the property title that one may not have known before the policy was bought.
Title insurance was introduced under the Real Estate Regulation and Development Act 2016. Unfortunately, not all insurance companies offer title insurance yet. However, some do, and property owners can protect themselves financially by getting it.
Conclusion
The right to property is a legal right for all citizens and protects them against unlawful eviction. However, it is in the best interests of property owners to educate themselves about property laws and stay up to date with any amendments. Reaching out to credible people and sources when buying a property is also recommended.
This includes seeking a reputed bank or Non-Banking Financial Company (NBFC) for a loan, hiring a well-known real estate agent to find the right property, and picking a renowned real estate developer to ensure the timely delivery of the project and a beautiful property that can keep one secure for a long time to come.
You can also check out Piramal Realty’s luxury residential projects on our official website or book an online appointment.
Disclaimer- This article is based on the information publicly available for general use as well as reference links mentioned herein. We do not claim any responsibility regarding the genuineness of the same. The information provided herein does not, and is not intended to, constitute legal advice; instead, it is for general informational purposes only. We expressly disclaim/disown any liability, which may arise due to any decision taken by any person/s basis the article hereof. Readers should obtain separate advice with respect to any particular information provided herein.
Table of Contents
