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What are the legal rights of a property owner in India?

What are the legal rights of a property owner in India?

Published At June 20, 2024

Answer

The legal rights of a property owner in India encompass several key aspects, ensuring ownership protection and fair use. Firstly, the right to possession grants the owner exclusive control over their property. This includes the ability to exclude others from entering or using the property without permission. Secondly, the right of enjoyment allows the owner to utilize the property in any lawful manner, such as living on it, leasing or renting it out.

The right to transfer or dispose of the property is another critical right, enabling the owner to sell, gift or bequeath the property through a will. Additionally, property owners have the right to mortgage their property as security for loans. In the case of any disputes, the right to seek legal remedy protects the owner against unlawful dispossession or encroachment.

Moreover, under Article 300-A of the Indian Constitution, no person can be deprived of their property without due legal process and compensation. This was reaffirmed by the Supreme Court, ensuring that the state can only acquire property for public purposes and with appropriate compensation, although this compensation need not be the market value but must be reasonable.

These rights collectively protect property owners and ensure their ability to enjoy and manage their property securely and fairly within the legal framework of India​.

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