Last reviewed: November 1, 2026
Real estate in Delhi NCR is a distinct legal territory: Delhi is a Union Territory governed by the Delhi Development Authority (DDA) and the Delhi State RERA; Noida is a Noida-specific jurisdiction under the Noida RERA and the Greater Noida Authority; Ghaziabad is a UP jurisdiction under the UP RERA and the Ghaziabad Development Authority. The legal framework is the same (Transfer of Property Act, RERA 2016), but the regulatory authority differs by jurisdiction. Bijlani & Co. handles real estate disputes and transactions across all three NCR jurisdictions.
The Title Search: The Most Important Step Before a Purchase
A title search is a 30-year encumbrance certificate trace through the Sub-Registrar’s office, plus a revenue record check, to confirm that the seller has a clean, marketable title and no pending litigation, mortgage, or encumbrance on the property. The title search must be performed before the agreement to sell is signed. A title defect discovered after the agreement is signed is a breach of the seller’s “warranty of title” — a legal obligation under the Transfer of Property Act to transfer a “good and marketable title.” A buyer who signs an agreement without a title search has no legal remedy against the seller for a title defect that was known to the seller but not disclosed. The title search is the single most important protective measure in a property purchase.
The title search covers five documents: (1) the “mother deed” — the original title document from which the seller’s title is derived; (2) the encumbrance certificate (EC) for the last 30 years; (3) the revenue record (khata); (4) the building approval (for a constructed property); and (5) the tax paid receipts. A property lawyer must verify all five. A property with a clean title search is a “marketable” property; a property with a defect is “unmarketable” and the seller must cure the defect before the sale deed is registered.
RERA: The 2016 Regulatory Framework
The Real Estate (Regulation and Development) Act, 2016, and the State Rules under it, govern all commercial and residential real estate transactions in India. A “registered project” — a project that is registered with the State RERA before it is marketed — must meet specific disclosure requirements: the carpet area (not the built-up area), the completion date, the penalty for delay, and the RERA registration number. A buyer of a flat in a registered project can file a RERA complaint for: (1) a delay in delivery, (2) a defect in the carpet area, (3) a breach of the model agreement, or (4) a failure to return the refund. RERA complaints are fast (2-3 months) and the RERA can order a refund with interest at the RBI’s “benchmark rate” (currently 7.5% p.a.). For a project that is not RERA-registered, a civil suit is the only route.
The Partition Suit: Resolving Co-Ownership Disputes
A partition suit is the primary mechanism for resolving a co-ownership property dispute. When a property is jointly held by multiple owners (a family property, a partnership property, or an inherited property), any co-owner can file a partition suit to obtain their exclusive share. The partition suit is filed in the civil court where the property is situated. The court divides the property into shares or, if the property cannot be physically divided, orders a sale and division of the proceeds. The partition suit is a “suit in personam” against all co-owners; a co-owner who does not appear is not bound by the partition order, which is a significant risk in a family property dispute. Bijlani & Co. represents claimants and defendants in partition suits across Delhi NCR. The partition suit is the most common property dispute in a family home.
Specific Performance: Compelling a Seller to Transfer
Where a buyer has signed an agreement to sell and paid a deposit, but the seller has refused to register the sale deed, the buyer can file a specific performance suit under Section 10 of the Specific Relief Act, 1963. The specific performance suit is a civil suit; the court can order the seller to execute and register the sale deed. The specific performance suit is the remedy of last resort; it is not available where the contract is void, where the subject matter is not a specific asset, or where damages are an adequate remedy. For a standard sale of a flat, specific performance is available; for a sale of a business, damages are the appropriate remedy. The specific performance suit takes 2-4 years in a Delhi civil court.
The Delhi vs. Noida vs. Ghaziabad Regulatory Difference
The three NCR jurisdictions have different regulatory authorities: Delhi — Delhi RERA, DDA, and the Municipal Corporation of Delhi (MCD) for property tax; Noida — Noida RERA, the Noida Authority, and the Noida Industrial Development Authority (NIDA) for industrial property; Ghaziabad — UP RERA, the Ghaziabad Development Authority, and the Ghaziabad Municipal Corporation for property tax. A real estate transaction in Noida is governed by the Noida RERA Rules, which have specific “carpet area” definitions and penalty provisions that differ from the Delhi RERA Rules. A property lawyer must know which RERA has jurisdiction before a complaint is filed. A Noida project cannot be the subject of a Delhi RERA complaint; the complaint must be filed in the Noida RERA.
Frequently Asked Questions
What is a RERA complaint and how long does it take?
A RERA complaint is a fast-track, quasi-judicial mechanism under the RERA Act, 2016. It is filed in the State RERA (Delhi, Noida, or Ghaziabad, depending on the project’s jurisdiction). The RERA must pass an order within 60 days of the complaint being filed. If the developer is in default, the RERA can order a refund with interest at 7.5% p.a. or a specific performance order. The RERA order is appealable to the State Real Estate Appellate Tribunal within 30 days. Most RERA complaints are resolved in 2-3 months.
Can a property be registered in a minor child’s name?
Yes, but the transaction must be shown to be in the child’s benefit, and the parent or guardian must be the natural guardian filing the deed. The guardian cannot be a purchaser on behalf of the minor unless the court has specifically authorised it. The registration itself is straightforward; the legal risk is in the gift or transfer documentation supporting it. A property in a minor’s name is a “trust” — the guardian holds the property for the minor’s benefit and cannot sell it without court approval.
What is the difference between a “carpet area” and a “built-up area”?
The carpet area is the area inside the walls of the flat, excluding the external walls and the common areas (corridor, lift, lobby). The built-up area is the carpet area plus the proportionate share of the external walls and common areas. RERA requires the “carpet area” to be disclosed; the “built-up area” is the traditional, larger figure. A buyer who is quoting the “built-up area” is paying for more space than the “carpet area” suggests. The difference is typically 10-15% in a Delhi NCR property. A RERA complaint for a carpet area shortfall is a strong remedy — the developer must refund the excess.
How does a partition suit work for a family property?
A partition suit is filed in the civil court where the property is situated. Any co-owner can file it. The court first determines the shares of each co-owner (by reference to the title deed, the contribution records, and the relevant personal law). The court then divides the property into shares or orders a sale and division of the proceeds. The partition suit is a “suit in personam” — a co-owner who does not appear is not bound by the partition order. For a family property, a partition suit is the last step after mediation has failed. The timeline is 2-4 years.
Explore More From Bijlani & Co
- Property Lawyer in Ghaziabad
- Property Lawyer in Noida
- Property Registration Lawyer in Ghaziabad
- Civil Lawyer in Delhi
- Advocate in Delhi
Areas We Serve in Delhi
Bijlani & Co. serves clients across Delhi, including the following localities and sectors:
- Connaught Place
- Punjab Bagh
- Karol Bagh
- Daryaganj
- New Delhi
- Lajpat Nagar
- Rajouri Garden
- Rohini
- Dwarka
- Saket
- Vasant Kunj
- Greater Kailash
- Hauz Khas
- Chanakyapuri
- Majlis Park
- Nehru Place
