Property, tenancy and real-estate disputes

Kinds of disputes

Partition and family property — suits for partition of ancestral or jointly owned property, including the rights of daughters as coparceners after Vineeta Sharma v. Rakesh Sharma (2020); disputes over wills, probate and letters of administration; succession certificates under Section 372 of the Indian Succession Act for debts and securities; and mutation before the municipal and revenue authorities.

Possession and title — suits for possession and mesne profits against trespassers or family members in occupation, declaration of title, cancellation of sale deeds or gift deeds obtained by fraud, and challenges to relinquishment deeds.

Injunctions — applications under Order XXXIX Rules 1 and 2 CPC to restrain alienation, construction, dispossession or interference, and the defence of such applications.

Sale agreements — specific performance of agreements to sell (more readily granted after the 2018 amendment to the Specific Relief Act), refund of earnest money, and disputes over possession delivered under an agreement or a general power of attorney.

Landlord and tenant — eviction under Section 14 of the Delhi Rent Control Act, 1958 (bona fide requirement, non-payment, sub-letting, misuse), the summary procedure under Section 25B, suits for possession and arrears against tenants outside the Act (rent above ₹3,500 per month), and the tenant’s defence against illegal eviction and disconnection of services.

Builders and RERA — complaints under Section 31 of the Real Estate (Regulation and Development) Act, 2016 before the Delhi RERA for refund with interest or possession with delay compensation under Section 18, and appeals to the Appellate Tribunal; parallel consumer complaints where appropriate.

Encroachment, sealing and demolition — proceedings involving the MCD, DDA and other authorities, and writ petitions before the Delhi High Court.

How the chambers approaches a property matter

1. Title and chain of documents — sale deeds, mutation, property tax, electricity records, site plan and possession; a search of the sub-registrar’s record where needed.
2. Choosing the remedy and the forum — civil court, rent controller, RERA, consumer commission, or the High Court — and the court fee and limitation implications of each.
3. Interim protection — an injunction or status quo order at the first hearing, supported by photographs, site plan and affidavit.
4. Pleadings and evidence — plaint or written statement, documents, and witness affidavits; commissioners’ reports where the site needs to be inspected.
5. Settlement — mediation and family settlements, drafted to be registered and enforceable.

Delhi courts

Civil suits are filed before the District Judges and Civil Judges at the district court complexes according to the location of the property and the value of the suit; suits above ₹2 crore go to the Delhi High Court’s original side. Rent matters are before the Rent Controllers and the Rent Control Tribunal; RERA complaints before the Real Estate Regulatory Authority, NCT of Delhi.

Documents to keep ready

• Title documents — sale deed, gift deed, will, relinquishment deed, allotment letter, conveyance deed
• Mutation, property tax and electricity records; site plan and photographs
• Agreement to sell, receipts and bank proof of payments
• Rent agreement, rent receipts, notices exchanged and proof of service
• Builder-buyer agreement, payment schedule, demand letters and correspondence
• Family tree and death certificates for succession matters

Frequently asked questions

Can a co-owner sell the property without the consent of others?

A co-owner may transfer only their own undivided share; the buyer steps into that share and must seek partition. A sale of the whole property without the consent of all co-owners can be challenged.

How quickly can an injunction be obtained against illegal construction or dispossession?

An application for an interim injunction can be moved on the day the suit is filed and, on a strong prima facie case, an ex parte order can be passed at the first hearing, subject to the defendant’s reply.

Is a will required to be probated in Delhi?

Probate is not mandatory in Delhi for wills made by Hindus in respect of property in Delhi, but a will is often proved in court when it is disputed, and probate or letters of administration may be required by banks and other institutions.

What can a home buyer do if the builder delays possession?

The buyer can withdraw from the project and claim a refund with interest, or continue and claim interest for every month of delay, under Section 18 RERA. The complaint is filed before the Delhi RERA; a consumer complaint is an alternative for deficiency in service.

Can a landlord evict a tenant for personal use?

Yes, under Section 14(1)(e) of the Delhi Rent Control Act for bona fide requirement, through the summary procedure in Section 25B, where the tenant must obtain leave to contest within 15 days of service. Tenancies outside the Act are terminated by notice and followed by a suit for possession.

This page is general information about the area of practice, not legal advice. Last reviewed: 2026-09-22