What are the legal rights to property ownership and transfer?

What are the legal rights of ownership (malki haqq) of a property, and how can one establish or transfer ownership in case of a dispute?

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 04 Jan 2025

Legal ownership rights (malki haqq) primarily involve the absolute right to possess, use, transfer, and dispose of property, with valid documentation like sale deeds, revenue records, or inheritance papers serving as proof. To establish or transfer ownership during disputes, one must have clear property documents (like registry, mutation records, property tax receipts), proper chain of title documents showing previous ownership transfers, and if needed, file a civil suit for declaration of ownership rights.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 25 Nov 2024

Ownership rights (malki haqq) confer upon the property owner all rights, including the right to possess, enjoy, transfer, and inheritance. To prove or disprove ownership, the title to the property must be clear by valid documents like a sale deed, gift deed, or evidence of inheritance. The transfer of property shall be made as per the Transfer of Property Act, 1882 and can become effective only when registered in the hands of the transferee for enforcement. If there is a dispute, you can file a declaration suit under Section 34 of the Specific Relief Act, 1963 or an action for possession rights under Section 6.

Admin
Advocate By LEAD INDIA Answered: 21 Nov 2024

Sir, to establish or transfer ownership rights, ensure you have a valid title deed, possession, and relevant legal documents like a sale deed or inheritance papers. In case of disputes you may consult an expert lawyer who will assist you to file a civil suit in court of law. For further legal assistance contact us on our helpline number.

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