Real Property
Overview
Our land and property practice advises on and litigates disputes over title and possession, partition of family property, mutation and other proceedings under the Uttar Pradesh Revenue Code, 2006, defective sale deeds and registration, landlord and tenant disputes, homebuyers' complaints under the real estate law, and compensation for acquired land. In Uttar Pradesh, agricultural land is governed largely by the Revenue Code and heard by revenue courts, while most other property disputes go to the civil courts. Identifying the correct forum is often the first and most consequential question.
Property disputes turn on documents. We begin by tracing the chain of title through sale deeds, wills, revenue records and authority allotments, and only then advise on the remedy. The same discipline helps clients who are buying or developing property and want problems found before they become disputes.
Scope
Suits for declaration of title, recovery of possession, and permanent and mandatory injunctions, and the defence of such suits, including questions of adverse possession and limitation.
Partition of ancestral and jointly held property, by civil suit or, for agricultural holdings, by proceedings for division before the revenue courts, and family settlements recorded so that the dispute does not return.
Mutation of names in the revenue record, correction of entries, boundary disputes and declaratory suits under the Uttar Pradesh Revenue Code, 2006, with appeals and revisions within the revenue hierarchy.
Disputes over sale deeds and agreements to sell, cancellation of fraudulent instruments, specific performance, and questions of stamp duty and registration before the registering and stamp authorities.
Tenancy agreements, rent disputes and eviction in Uttar Pradesh, where the Allahabad High Court's August 2026 judgment struck down parts of the 2021 tenancy law and returned fresh proceedings to the Transfer of Property Act, the Small Cause Courts procedure and, to the extent required, the 1972 rent law; and under the Delhi Rent Control Act, 1958 for premises in Delhi where that Act applies.
Complaints under the Real Estate (Regulation and Development) Act, 2016 for delayed possession, refund, interest and compensation before the Uttar Pradesh Real Estate Regulatory Authority, its adjudicating officers and the Appellate Tribunal.
Objections, compensation claims, rehabilitation and resettlement entitlements, and references for enhanced compensation under the 2013 land acquisition law, as well as arbitration of compensation under special statutes such as the National Highways Act, 1956.
Examination of title, revenue records and encumbrances before a purchase, lease or development, including transfers of leasehold plots allotted by industrial development authorities.
Approach
We build the chain of title from the earliest available document to the present, cross-checking sale deeds, wills, inheritance and revenue entries against certified copies from the registry and tehsil records.
Civil court, revenue court, rent forum, RERA or acquisition authority: each has its own jurisdiction, and filing in the wrong one can cost years. We settle this before any pleading is drafted.
Where there is a risk of sale, construction or dispossession, we seek interim injunctions or status quo orders early, and advise on notices, caveats and other steps that preserve the client's position.
We follow the matter through decree, mutation and, where needed, execution. A judgment on title is of limited use until the revenue record and actual possession reflect it.
Questions
No. The Supreme Court has repeatedly held that mutation entries serve revenue and fiscal purposes and do not by themselves create or extinguish title. Ownership rests on documents such as a registered sale deed, a will or inheritance, and a dispute over title is decided by the competent court. Mutation still matters in practice, and an incorrect entry should be corrected promptly.
An agreement to sell or a general power of attorney, even when coupled with a will in the buyer's favour, does not by itself transfer ownership of immovable property. The Supreme Court has held that such 'GPA sales' do not convey title. Ownership of immovable property passes by a registered deed of conveyance. If you have acquired property this way, take advice on how to regularise your position.
Co-owners may divide property by agreement, through a family settlement or a registered partition deed. Where agreement is not possible, partition must be sought through the courts. Agricultural holdings in Uttar Pradesh are generally divided by the revenue courts under the Revenue Code, and other property through the civil courts. Succession to agricultural land in Uttar Pradesh follows the Code's own rules, which can differ from general personal law, so each co-owner's share should be worked out carefully first.
The question is unsettled at present. The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 replaced the earlier rent law. It requires tenancies to be in writing, caps security deposits and created Rent Authorities and Rent Tribunals. In August 2026 the Allahabad High Court declared five of its provisions invalid: those on the payment and revision of rent, and those that displaced the ordinary Small Cause Court procedure. For fresh proceedings after the judgment, the court held that the Transfer of Property Act, 1882, the Provincial Small Cause Courts Act, 1887 and, to the extent required, the repealed 1972 rent law will apply. Proceedings already concluded under the 2021 Act and not challenged were saved. The position may change if the judgment is taken further, so the right forum and law for a particular tenancy should be confirmed before any step is taken.
Under the real estate law, a homebuyer may seek a refund with interest or, if they choose to stay in the project, interest for every month of delay until possession. Either remedy is pursued by complaint to the Uttar Pradesh Real Estate Regulatory Authority, and compensation is decided by its adjudicating officer. The Supreme Court has held that homebuyers may also approach the Consumer Commissions. Which forum suits a particular case depends on the relief sought and the facts.
Yes, within limits. Under the 2013 land acquisition law, a person interested in the land who has not accepted the award may ask for the matter to be referred to the Land Acquisition, Rehabilitation and Resettlement Authority to determine compensation, and an appeal lies from the Authority's award to the High Court. The time limits are short, and acquisitions under special statutes, such as the National Highways Act, 1956, follow different procedures.
Insights
How the Uttar Pradesh Revenue Code, 2006 deals with mutation, division of agricultural holdings and boundaries, where the civil courts fit in, and the documents every landholder should keep.
A consultation of about an hour with an advocate of the firm, to understand your position and the options open to you. Fees are discussed and agreed beforehand.
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