Property Lawyers in Chennai

Property law owes the right to the individual with the four main legal property rights. They are the right to derive income, the right of control, the right of disposition, the right of possession, the right of exclusion.

This term includes the right to ownership in material things, such as buildings, lands, etc.

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Kinds of properties

Corporeal property
Incorporeal property

Corporeal property

It is the right of ownership in the material which is visible and tangible. This property can be recognized by the senses. It can be touched or seen.

Example: land, house, car, bike, etc.
There are two classes in the corporeal property
1. Movable Property and immovable property
2. Real property and personal property

Movable property and immovable property

Corporeal property must be either movable or immovable in nature. The portability of the object is the basis of this kind of classification.

Section 2(6) of the Indian Registration Act,1908 and section 3 of the general clauses act,1897, defines the term immovable property. It includes things attached and embedded in the land.

Except the immovable property remaining in the corporeal property is movable property. This property may include stationery items, furniture, etc. there are some judicially recognized as immovable property such as the right of way, right to collect the rent of immovable property, right of the ferry, right of fishery, mortgagors right to redeem the mortgage, right to collect lac from trees, the interest of the mortgagee in immovable property.

On the other hand, there are some not judicially recognized as immovable property such as grass, royalty, standing timber, growing crops, right to recover maintenance allowance even though it is charged through the immovable property, a decree of sale or sale of immovable property on a mortgage, the right of the purchaser to have land registered in the name.

Real and Personal Property

The property that cannot be moved is known as real property. It can be land or anything that is attached to the land.

Examples: Buildings, canals, fences, land, landscaping, machinery, crops, minerals

The property that can be moved is known as personal property. It is anything that can be subjected to ownership, except the land.

Example: stocks, office furniture, business furniture, business vehicles, business goods, bonds, intellectual property, money.

Incorporeal property

The property is also called intellectual or conventional property. The incorporeal property protects the beneficial interests. It is intangible and cannot be perceived by Senses.

Examples: Copyrights, trademarks, patents, etc.

They are divided into two classes:
In re propria and rights
In re aliena or encumbrances

In re propria and rights

It is the right of the immaterial form of property. It is a product of human skill and labor. Commercial goodwill, copyright, patents may be included under this category.

In re aliena or encumbrances

It is also sometimes referred to as encumbrances. It is the rights of a specific user. About his property, it prevents the owner from exercising some definite right. Security, trust, Lease may be included under this category.

Procedure of filing a partition suit

Before filing a partition suit, the first step is to send a legal notice to the defendant. If the notice is neglected, the plaintiff can proceed with the filing. After that, they need to follow some mentioned steps as given below.
i) Following the format prescribed by the court to draft a complaint, the opposing party is called a defendant; the filing party is known as the plaintiff. There should be relevant details on that complaint, including the name of the parties, postal addresses, the nature of the complaint, and an affidavit certifying that the plaint content is true to its knowledge, which should be mentioned carefully.
ii) Power of attorney should be filed, which is a formal document, instating power to the advocate to represent the client in the matter of dispute.
iii) Make the court fee payment, depending upon the case, and varies from state to state. You can know about the court fees with the help of a legal advisor.
iv) The court will fix the hearing once the fee is paid and decide on the case's merits.
v) The court sends the legal notice that would be issued to the defendant based on the court's discretion, demanding their appearance on the day of the next hearing. The court only proceeds when it finds the merits in the suit.
vi) On receipt of the notice, the opposing party needs to file a written statement, which acts as a response to the complaint filed by the plaintiff. The written statement must be filed within 30 days from the date of the notice. If the court permits, the period is extended up to 90 days.
vii) The plaintiff needs to admit or deny the statements made by the defendant after receiving the written statement. The reply is termed as the replication, which is in the form of a written document.
viii) Once the replication is filed with the court, the pleadings are complete. Therefore, the plaintiff and defendant were asked to submit relevant documents to substantiate their claims. The court has the power to reject or accept the document.
ix) The parties also need to produce witnesses within 15 days from the date of framing issues to prove their claims.
x) The court finally passes the final order by taking into consideration the list of documents filed by the parties and the documents produced by them.
xi) Then both the parties can collect a certified copy of the final order from the court.

Documents required for filing a petition suit

1. Identity proof of legal heir
2. Property valuation
3. Residence proof of the legal heir
4. Birth proof of the legal heir
5. Deceased owner death certificate
6. Deceased Residence certificate
7. Description of the property

Not only this property law, but many cases come under the property law as the property law goes with a long procedure. Need a loyal lawyer to support you? We Visit Lawyers will provide you the best legal support. We never fail to give justice to our clients. We provide the most trustable service to the people at an affordable price.