Built on Document Scrutiny
Property disputes are usually decided by which document holds up — a Will, a Gift Deed, a sale agreement, a partition. We litigate these matters with the same close reading of documents that our forensic and criminal practice depends on.
Our Civil Litigation Services
- Suits for declaration of title and ownership
- Suits challenging Wills, Gift Deeds, and Relinquishment Deeds
- Partition suits among co-owners and family members
- Suits for possession and recovery of immovable property
- Injunctions against dispossession, illegal construction, or alienation
- Specific performance of agreements to sell
- Landlord-tenant and eviction disputes
- RERA complaints against builders and developers
- Succession certificates, probate, and letters of administration
- Property fraud, forged documents, and title verification disputes
- Mutation and registration-related disputes
Types of Matters We Handle
Possession & Injunctions
Suits for recovery of possession; injunctions against illegal construction, encroachment, or forcible dispossession.
Succession & Title Disputes
Contested Wills, Gift Deeds, and Relinquishment Deeds; disputes over authenticity, undue influence, or lack of testamentary capacity; probate and succession certificates.
Partition
Division of ancestral or jointly-owned property among family members, including disputes over shares and valuation.
Contractual Disputes
Specific performance of sale agreements; disputes over advance payments and earnest money forfeiture.
Builder-Buyer Disputes
RERA complaints for possession delay, compensation, and non-disclosure; disputes over builder-buyer agreements.
Landlord-Tenant
Eviction proceedings, rent disputes, and disputes over tenancy rights.
Property Fraud
Forged sale deeds, impersonation in property transactions, and related criminal complaints alongside civil recovery.
Where We've Actually Done This Work
Property litigation isn't abstract for us, we've represented parties in exactly this kind of matter: a Delhi civil suit involving a contested Will, Gift Deed, and Relinquishment Deed, where the entire case turned on which of these documents was genuine and which wasn't. That experience shapes how we approach every property dispute — starting with the documents themselves, not just the narrative around them.
The Legal Framework
- Transfer of Property Act, 1882: Governs how property is transferred by sale, gift, mortgage, lease, and exchange — and is usually the first place to look when a transfer itself is being challenged.
- Registration Act, 1908: Determines which documents require registration to be legally valid, and the consequences when they aren't — often central to disputes over Gift Deeds and sale agreements.
- Indian Succession Act, 1925 & Hindu Succession Act, 1956: Govern Wills, intestate succession, probate, and letters of administration. Whether a Will needs probate, and how inheritance is determined where there's no Will, depends heavily on the religion and domicile of the parties involved.
- Specific Relief Act, 1963 (as amended, 2018): Following the 2018 amendment, specific performance of a contract — including agreements to sell property — is now the general rule rather than a discretionary exception, subject to limited statutory grounds for refusal. This significantly strengthens a buyer's position when a seller tries to back out.
- Real Estate (Regulation and Development) Act, 2016 (RERA): Governs disputes with builders and developers over project delays, possession, and disclosure obligations, through dedicated regulatory authorities and appellate tribunals rather than ordinary civil courts.
- Partition Act, 1893 & CPC provisions: Govern how jointly-owned property is divided among co-owners, including by metes and bounds or, where physical division isn't practical, by sale and distribution of proceeds.
Why Organisations & Individuals Choose Tabish Sarosh & Associates
- Document-First Litigation: Property disputes are won or lost on documentary evidence. Our approach — informed by forensic training, not just legal theory — treats questioned documents (a disputed signature, an inconsistent date, an irregular attestation) as evidence to be examined closely, not taken at face value.
- Genuine Litigation Experience: We've handled contested Will, Gift Deed, and Relinquishment Deed matters directly before the Delhi courts — this isn't a theoretical practice area for us.
- Delhi-Based, Court-Facing: Based at Tis Hazari Court and in Rohini, with direct familiarity with how property matters are actually handled before the Delhi civil courts.
- Full-Spectrum Support: From title verification and due diligence before a transaction, through to full-scale litigation if a dispute has already arisen.
Frequently Asked Questions
Can a Will be challenged after the testator's death?
Yes — on grounds including forgery, lack of testamentary capacity, undue influence, or failure to comply with legal formalities of execution and attestation.
What's the difference between probate, a succession certificate, and letters of administration?
Probate certifies the validity of a Will and authorises the executor to act on it. A succession certificate deals specifically with debts and securities where there's no Will, or where probate isn't required. Letters of administration are granted where someone dies without a valid Will, or where the named executor cannot or will not act.
Can I get specific performance of a sale agreement if the seller backs out?
Since the 2018 amendment to the Specific Relief Act, specific performance is now the general rule rather than a discretionary remedy — significantly strengthening a buyer's position, subject to limited statutory exceptions.
How is jointly-owned family property divided?
Through a partition suit, where the court determines each party's share and orders division — physically where practical, or through sale and distribution of proceeds where it isn't.
What can I do if a builder delays possession of my flat?
You can file a complaint before the relevant RERA authority seeking possession, compensation for delay, or a refund, depending on the specifics of your builder-buyer agreement.
Someone is trying to sell property based on a forged document — what can I do?
Both civil action (seeking a declaration and injunction) and a criminal complaint for forgery and cheating can be pursued, often simultaneously, depending on the facts.
Is registration mandatory for a Gift Deed?
Yes — under the Registration Act, 1908, a Gift Deed for immovable property must be registered to be legally valid; an unregistered Gift Deed generally cannot transfer title.