Practice note

Property, Title and Real Estate (RERA) Disputes

Disputes concerning immovable property are governed by the Transfer of Property Act, 1882, the Registration Act, 1908 and the Specific Relief Act, 1963, together with state legislation on land revenue, tenancy and rent. Allottees in registered real-estate projects have additional remedies before the Real Estate Regulatory Authority under the Real Estate (Regulation and Development) Act, 2016.

Statement of law as on 19 October 2026Lex Meridian · Advocates & Legal Consultants

In brief

Title to immovable property of the value of one hundred rupees or more passes only by a registered instrument (Section 54, Transfer of Property Act; Section 17, Registration Act).
Agreements to sell, general powers of attorney and wills do not by themselves convey title.
Where a promoter fails to complete the project or give possession as agreed, the allottee may claim a refund with interest, or interest for every month of delay, under Section 18 of RERA.
Daughters are coparceners by birth in a Hindu joint family, with the same rights and liabilities as sons.

Governing law

Transfer of Property Act, 1882: Sections 5, 53A (part performance), 54 (sale), 58 (mortgages), 105 to 111 (leases).
Registration Act, 1908: Sections 17 and 49 (compulsory registration and the effect of non-registration).
Real Estate (Regulation and Development) Act, 2016: Sections 11 and 18 (obligations of the promoter; refund and compensation), 31 (complaints), 43 and 44 (appeal to the Appellate Tribunal).
Rajasthan Land Revenue Act, 1956 and Rajasthan Tenancy Act, 1955: Mutation, partition and revenue proceedings concerning agricultural land in Rajasthan.
Rajasthan Rent Control Act, 2001: Eviction and revision of rent before the Rent Tribunal.
Hindu Succession Act, 1956: Section 6 (rights of coparceners, as substituted in 2005).

How the matter is handled

Stage	Steps taken	Indicative time
1. Title review	Examination of the chain of title, revenue records, encumbrances and approvals before purchase or litigation.	1 to 2 weeks
2. Notice	Legal notice to the vendor, co-owner, tenant or promoter setting out the claim.	15 to 30 days
3. Proceedings	Suit for partition, possession, declaration or specific performance; revenue proceedings; or complaint under Section 31 of RERA.	Filing
4. Interim protection	Injunction restraining alienation or construction, or an order of status quo.	Early hearings
5. Final relief	Decree or order of the Authority, followed by execution or appeal.	Depends on the forum

Leading judicial authorities

Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana
(2012) 1 SCC 656
Transactions by way of agreement to sell, general power of attorney and will do not convey title to immovable property; title passes only by a registered deed of conveyance.
Newtech Promoters and Developers Pvt. Ltd. v. State of U.P.
(2021) 18 SCC 1
RERA applies to ongoing projects; the allottee's right to a refund with interest under Section 18 is unconditional where the promoter fails to give possession as agreed, and the Authority may direct such refund.
Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan
(2019) 5 SCC 725
One-sided and unreasonable terms in a builder-buyer agreement constitute an unfair trade practice and do not bind the allottee.
Vineeta Sharma v. Rakesh Sharma
(2020) 9 SCC 1
A daughter is a coparcener by birth under the substituted Section 6 of the Hindu Succession Act, irrespective of whether her father was alive on 9 September 2005.
Ravinder Kaur Grewal v. Manjit Kaur
(2019) 8 SCC 729
A person who has perfected title by adverse possession may sue as plaintiff to protect that title; adverse possession may be used as a sword and not merely as a shield.

Latest judgments & updates

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Recent judgments of the Supreme Court, the High Courts and tribunals, and court reports, concerning Property & RERA. Updated automatically through the day.

Documents to keep ready

Sale deed, allotment letter or builder-buyer agreement
Jamabandi, khasra and mutation records
Approved plans and receipts of payment
Encumbrance and property-tax records

Frequently asked questions

Can an allottee approach both RERA and the Consumer Commission?

The remedies are concurrent and the allottee may elect the forum, as recognised in Imperia Structures Ltd. v. Anil Patni, (2020) 10 SCC 783. Parallel proceedings for the same relief should be avoided.

Is an unregistered agreement to sell of any use?

It does not convey title, but it may found a suit for specific performance and, subject to the proviso to Section 49 of the Registration Act, be received as evidence of the contract or of part performance.

This note states the law in general terms as on 19 October 2026. It is not legal advice and does not create an advocate–client relationship. Judgments are summarised for reference and should be read in full from the official reports; the facts of each matter may alter the position.

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