In its broadest sense, property comprises every kind of tangible, intangible, and incorporeal asset capable of ownership. Property rights have significant economic, social, and legal implications and constitute one of the fundamental incidents of ownership recognized by law. The concept of property embodies a bundle of rights vested in an owner, including the right to possess, enjoy, use, transfer, mortgage, lease, exchange, and otherwise deal with the property in accordance with law.
Certain traditional principles underpin property rights, namely:
- The right to control and regulate the use and enjoyment of the property;
- The right to derive benefits and profits arising therefrom;
- The right to alienate, transfer, mortgage, or otherwise dispose of the property; and
- The right to exclude third parties from unauthorized interference or possession.
Property law encompasses disputes relating to ownership, title, possession, transfer, use, enjoyment, and damage to immovable and movable property. Such disputes often involve intricate questions of fact and law and may arise in relation to residential, commercial, industrial, and other real estate assets.
Through its Property Disputes Practice, Tabish Sarosh & Associates undertakes matters concerning property rights, transfer of property, ancillary proceedings, and arbitration arising therefrom. The Firm represents clients in the institution and defence of claims before various Courts, statutory authorities, quasi-judicial bodies, and arbitral tribunals across India.
With considerable experience in property disputes in Delhi, the Firm regularly advises clients in matters pertaining to the purchase, lease, licence, and transfer of residential, commercial, and industrial properties. The Firm also assists in minimizing the possibility of future disputes through meticulous drafting and vetting of transactional documents, including agreements for sale, conveyance deeds, lease deeds, leave and licence agreements, powers of attorney, indemnity bonds, guarantees, and allied instruments.
The Firm is further recognized for conducting comprehensive due diligence and advising clients on compliance with the provisions of the Transfer of Property Act, 1882, and the Real Estate (Regulation and Development) Act, 2016 (RERA). The practice also encompasses disputes relating to injunctions, possession, partition, landlord-tenant relationships, testamentary succession, wills, and other real estate and property-related proceedings.
Backed by extensive experience and a solution-oriented approach, Tabish Sarosh & Associates remains committed to safeguarding proprietary rights and providing effective representation in complex property disputes and allied proceedings.