Property & Rent

My landlord isn't returning my security deposit. What can I do?

The landlord must return your deposit when you hand back the house, keeping only genuine dues: unpaid rent, unpaid bills, or damage beyond normal wear and tear. He should show you the deductions. If he refuses, send a legal notice; you can then file a civil case.

Can my landlord throw me out without notice?

No. A landlord cannot force you out, change the locks or throw out your things. He must end the tenancy with proper written notice and, if you don't leave, get an order from the Rent Controller, Rent Court or civil court.

Why are rent agreements made for 11 months? Do I need to register it?

A lease for over one year (or year to year) must be registered, which costs more stamp duty and fees. An 11-month agreement avoids that in most states. It still needs proper stamp duty, and some states, like Maharashtra, require every rent agreement to be registered.

My landlord cut my electricity or water to force me out.

That is not allowed. Most state rent laws forbid a landlord from cutting essential supplies like water or electricity without just cause. Apply to the Rent Controller, or the authority your state names, for an urgent restoration order. Report threats or force to the police.

Can my landlord enter my rented house anytime?

No. While you rent, the home is in your possession. The landlord may enter only at reasonable times, with your consent or prior notice, for things like inspection or repairs, or without notice in a real emergency. Entering to harass you can be criminal trespass.

My builder has delayed possession of my flat. What are my rights?

Under RERA you can choose: leave the project and get your money back with interest (plus compensation), or stay and get interest for every month of delay until possession. Complain to your state RERA authority; the consumer commission is another option.

Do daughters have an equal share in their father's property?

Yes, for Hindus, Sikhs, Jains and Buddhists. Since 2005 a daughter has the same birth right as a son in joint family (ancestral) property, married or not. In her father's self-acquired property, she gets an equal share only if he dies without a will.

What happens to property if someone dies without a will?

It goes to the legal heirs under the person's personal law. For a Hindu man, the 'Class I' heirs, mainly his widow, sons, daughters and mother, inherit first in equal shares. Other relatives inherit only if there is no Class I heir.

What should I check before buying land or a flat?

Check that the seller truly owns it and can sell it: past title documents, an encumbrance certificate (no loans or cases), approvals and, for new projects, RERA registration. Then pay stamp duty and register the sale deed. Only a registered sale deed makes you the owner.

Someone has illegally occupied my land or house. What can I do?

Act quickly, and use the law, not force. File a police complaint for criminal trespass and go to the civil court. If you were thrown out of possession, a suit within 6 months can get it back without proving ownership; otherwise, sue based on your title.