New Delhi Office · Property & Civil · Delhi Courts

Property Lawyer in Delhi — Title, Partition, Injunction, Tenancy and Builder Disputes

Last updated: 2 October 2026 · Reflects the BNS/BNSS, 2023 · By Advocate Manish Sharma · General legal information, not legal advice

In short: Property disputes in Delhi go to the civil court of the district where the property is situated, to the Delhi High Court's original side above ₹2 crore, to the Rent Controller for protected tenancies, and to the Delhi RERA for registered projects. Advocate Manish Sharma attends these matters from the Jangpura Extension office.

This page explains which forum hears each kind of property and civil dispute in Delhi, how partition and injunction suits run, landlord and tenant law, builder delay, registration, recovery suits, and what to bring to a first meeting.

Property advocate in Delhi — which forum hears which dispute?

A civil suit is a case filed by a plaint in a civil court, asking for a declaration, possession, injunction, partition or money. Under Section 16 CPC, a suit about immovable property is filed where the property is situated, so the district complex for that area decides.

Dispute	Forum in Delhi
Title, declaration, possession, injunction, partition	Civil Judge or District Judge of the district, by value; Delhi High Court original side above ₹2 crore
Tenancy with rent up to ₹3,500 a month	Rent Controller, under the Delhi Rent Control Act, 1958
Other tenancies: possession, arrears, security deposit	Civil court, after notice under Section 106 of the Transfer of Property Act
Builder delay, refund, defects in a registered project	Delhi RERA authority; or the consumer commission
Commercial property disputes of specified value	Commercial Courts, under the Commercial Courts Act, 2015
Money recovery on a written contract or cheque	Summary suit under Order 37 CPC

The value limits between the civil judge, the district judge and the High Court are fixed by notification and revised from time to time. The valuation in the plaint decides the court.

Partition of ancestral and jointly owned property in Delhi

Co-owners can partition by a registered partition deed, by a family settlement, or by a suit. In a suit the court first passes a preliminary decree declaring shares, then a final decree dividing the property, often after a local commissioner's report. Since 2005, daughters are coparceners in Hindu joint family property under Section 6 of the Hindu Succession Act, 1956, with the same rights as sons. A share in jointly held property is not lost by time while the co-owner remains in joint possession. The 12-year limitation runs only from a clear exclusion.

Injunction suits — stopping a sale, construction or dispossession

A temporary injunction under Order 39, Rules 1 and 2 CPC is granted on a prima facie case, the balance of convenience and irreparable injury. In urgency the court can act before notice under Rule 3. A caveat under Section 148A CPC lets a party expecting an injunction suit ask to be heard first. Permanent and mandatory injunctions are decided at the end of the suit under Sections 38 and 39 of the Specific Relief Act, 1963. A person dispossessed without due process can sue for possession within six months under Section 6 of that Act without proving title.

Landlord and tenant disputes in Delhi

The Delhi Rent Control Act, 1958 protects tenancies of residential and commercial premises where the rent does not exceed ₹3,500 a month. A landlord seeking such premises for bona fide personal need uses Section 14(1)(e) with the summary procedure of Section 25B. Most modern tenancies are above that limit. They end by a notice under Section 106 of the Transfer of Property Act, followed by a civil suit for possession, arrears and mesne profits if the tenant stays on. A lease for more than eleven months must be registered to be relied upon in full. Tenants, for their part, sue for refund of the security deposit and protection against forcible dispossession.

Builder delay and RERA in Delhi

Under Section 18 of the Real Estate (Regulation and Development) Act, 2016, a buyer in a delayed registered project may withdraw with a refund and interest, or stay and receive interest for every month of delay. Complaints go to the Delhi Real Estate Regulatory Authority under Section 31. Compensation claims go to its adjudicating officer, and appeals go to the Appellate Tribunal within 60 days. A consumer complaint is an alternative remedy. Projects in Gurugram or Faridabad fall under the Haryana authority instead; see RERA lawyer, Haryana.

Property registration and documentation in Delhi

Sale, gift and partition deeds are registered at the Sub-Registrar's office for the area. Stamp duty in Delhi is levied at different rates for male, female and joint buyers, and the current rate should be confirmed before execution. Before buying, check:

the chain of title: every conveyance back to the original allottee or owner;
leasehold or freehold status, and conversion where the land was leased by the development authority;
the municipal property-tax record and mutation;
the sanctioned plan and completion or occupancy certificate;
encumbrances, pending litigation and any bank charge.

A GPA, agreement to sell and will used as a "sale" does not convey title. Only a registered deed of conveyance does.

Recovery suits and ancestral property claims

Money due on a written contract, invoice or cheque can be sued for under Order 37 CPC, where the defendant must first obtain leave to defend. Limitation is ordinarily three years. For inherited property, mutation in municipal or revenue records follows succession. For wills of Hindus executed in Delhi, probate is not compulsory under Section 57 of the Indian Succession Act. Bank balances and securities may need a succession certificate; see succession certificate.

How to choose a property advocate in Delhi

Enrolment and current practice before the civil courts of the district concerned.
Document-first approach: a reliable advocate reads the title chain before advising a suit.
Interim-relief readiness, because most property cases are won or lost at the injunction stage.
Written terms, stage by stage; costs are explained in the lawyer fees guide.

First consultation in a Delhi property matter — what to bring

Title deeds and the chain of earlier deeds, mutation and property-tax records, the site plan, any rent agreement and receipts, builder agreements and payment receipts, notices received, and court papers if a case has begun. Photographs of the site help in injunction matters.

Frequently asked questions

Which court hears a property dispute in Delhi?

The civil court of the district where the property is situated, at the Civil Judge or District Judge level depending on the suit's value. Suits valued above ₹2 crore go to the Delhi High Court's original side. Rent-controlled tenancies go to the Rent Controller, and builder disputes in registered projects to the Delhi RERA authority.

Can a daughter claim a share in ancestral property in Delhi?

Yes. Since the 2005 amendment to Section 6 of the Hindu Succession Act, a daughter is a coparcener by birth with the same rights as a son, and can seek partition of Hindu joint family property.

How quickly can a stay on construction or sale be obtained in Delhi?

An injunction application under Order 39 CPC is filed with the suit, and in genuine urgency the court can pass an interim order on the first date, even before notice. The applicant must show a prima facie case, balance of convenience and irreparable injury.

Is a GPA sale valid for a Delhi property?

A GPA, agreement to sell and will do not transfer ownership of immovable property. Title passes only by a registered conveyance deed. Such documents may still support a claim under the agreement or the power of attorney.

How is a tenant evicted in Delhi?

For premises under the Delhi Rent Control Act, through the Rent Controller on a ground such as bona fide personal need. For other tenancies, by ending the lease with notice under Section 106 of the Transfer of Property Act and filing a civil suit for possession.

Builder delay in Delhi — RERA or consumer court?

Either is available. RERA gives refund with interest or delay interest under Section 18; a consumer commission can also award compensation for deficiency in service. The choice depends on the project's registration, the relief sought and the forum's pace.

Is probate necessary for a will in Delhi?

For wills of Hindus executed in Delhi, probate is not compulsory under Section 57 of the Indian Succession Act. Some banks and authorities still ask for it, or for a succession certificate.

What does a property lawyer charge in Delhi?

There is no fixed rate. The bill has three parts: court fee on the suit's valuation, expenses, and the professional fee for drafting and appearances, which depends on the stages involved. Terms should be agreed in writing before work begins.