What a property lawyer does

Property work runs across (a) transactional — title due diligence, drafting and registration of sale, gift, mortgage and lease deeds under the Registration Act, 1908 and the Transfer of Property Act, 1882; (b) regulatory — RERA compliance, conversion / land-use change under the Rajasthan Land Revenue Act, 1956 and UIT/Master Plan approvals; (c) litigation — partition, declaration of title, permanent injunction, recovery of possession, specific performance, ejectment and revenue-court matters.

Title due diligence before buying

A standard 30-year title search covers: chain of registered documents from the Sub-Registrar Kota (and earlier Sub-Registrar Ladpura where relevant); Jamabandi / Khasra-Khatauni from the Tehsil; encumbrance certificate; Section 91 mutation records; pending litigation searches; RERA listing; UIT/UDH approvals for residential plots; and patta verification for converted land. Skipping any step is the most common reason buyers in Kota are stuck with unmarketable title.

Common property disputes in Kota

Partition between siblings where the patriarch died intestate; boundary disputes after revenue measurement (Tehsil-level paimaish); illegal encroachment on agricultural land in Sangod, Itawa, Pipalda and Khairabad tehsils; cancellation of sale deeds obtained by fraud or undue influence; specific performance of agreements to sell where the seller backs out; and family settlement memorandums (FSM) that need to be reduced to a registered partition deed.

Key statutes that govern

Transfer of Property Act, 1882; Registration Act, 1908; Indian Stamp Act, 1899 and Rajasthan Stamp Act, 1998; Rajasthan Land Revenue Act, 1956; Rajasthan Tenancy Act, 1955; Real Estate (Regulation and Development) Act, 2016 (RERA); Specific Relief Act, 1963 (especially after the 2018 amendment making specific performance the default remedy).

Suit valuation, court fee and forum

For partition suits, court fee is paid on the plaintiff’s share under Section 7(iv-A) of the Rajasthan Court Fees Act. Possession suits attract ad valorem court fee on the market value of property. Specific performance suits are valued on the consideration. The forum follows pecuniary value — Civil Judge Junior/Senior Division or District Judge at Civil Lines, Kota.