Sage-Tips

How do you get possession of property?

To claim possession the occupier must have no right to occupy the property. Either the occupier never had any rights (squatters) or those rights must have come to an end. The landlord is normally required to serve a notice and then, if the tenant fails to leave, to pursue possession proceedings through the Courts.

What are the steps needed to be taken by the persons who acquire immovable property by inheritance?

Succession/ Inheritance: If any person claims ownership through inheritance or succession, He must collect succession certificate from the Succession Court (commonly a Joint District Judge Court empowered to do so under the Succession Act, 1925 and also under the Personal Laws of the communities) and also a partition …

How many grounds for possession are there?

There are 17 grounds for possession as laid out the Housing Act 1988 & 1996. (see below for simplified & comprehensive list) They set out what circumstances should exist to allow a landlord to legally start possession proceedings of their rental property let under an assured tenancy or Assured Shorthold Tenancy.

What are the grounds for possession?

The grounds for possession fall into two categories: mandatory, where the tenant will definitely be ordered to leave if the landlord can prove breach of contract, and discretionary, where the court can decide one way or the other. These grounds for possession apply to tenancies entered into after 15 January 1989.

Can a daughter claim on father’s property?

According to Section 8 of the Hindu Succession Act 1956, read with the Schedule referred therein, daughters being Class I legal heirs, have the same rights as sons to the properties of their father, if the father dies intestate (without a will).

Can legal heir sell property?

In short, yes, a court issued succession certificate gives the owner the right to sell the property. 2) If the Succession Certificate is issued by a Court, the same can be treated as a valid document. Succession certificate is mandatory to transfer immovable property by legal heirs.

Who can transfer the property?

Generally, an owner can transfer his property unless there is a legal restriction barring such transfer. Under the law, any person who owns a property and is competent to contract can transfer it in favour of another.