Property & Tenancy Disputes in India — Complete Guide (2026): Which Forum for Eviction, Delayed Possession, Partition & Rent
The forum for a property or tenancy dispute in India is decided by the type of dispute, not by the property's value alone: a landlord evicting a tenant files in the Rent Control Court under the state Rent Control Act; a home-buyer facing delayed possession files before RERA (or the Consumer Commission); co-owners dividing family property file a partition suit in the civil court; and appeals from each go to a different, specified authority. Choosing the wrong forum is the single most common reason property cases are returned or dismissed at the threshold — so identify the dispute type first, then the forum, then the limitation clock.
This is the hub guide for Urava's property-and-tenancy cluster. It maps every common dispute to its correct forum, the governing statute, the limitation period, the mandatory deposit (if any), and the appeal route — and links to the detailed step-by-step guide for each situation.
The one-look forum table
| Your dispute | Correct forum | Governing law | Limitation | Deposit / fee |
|---|---|---|---|---|
| Landlord wants a tenant out | Rent Control Court | State Rent Control Act (e.g. Kerala 1965 s.11; Delhi 1958 s.14/25B) | No fixed limitation to file; grounds must exist | Nominal court fee; rent deposit as ordered |
| Builder delayed flat possession | RERA authority | RERA Act 2016, Section 18 | Within the general limitation for the cause; complaint targeted for ~60 days | Complaint fee (e.g. K-RERA ₹1,000, Form M) |
| Delayed possession — deficiency of service | Consumer Commission | Consumer Protection Act 2019 | 2 years from cause of action (s.69) | Nominal; no 50% deposit to file a complaint |
| Co-owners dividing property | Civil court (partition suit) | CPC + state Court Fees Act | 12 years (Limitation Act, Art. 65/110) from ouster | Ad valorem or fixed court fee (state-specific) |
| Appeal a RERA order | Real Estate Appellate Tribunal (REAT) | RERA Act 2016, Section 44 | 60 days from the order | Promoter pre-deposit under Section 43(5) |
| Claim streedhan / share on death | District Court / Family Court | Succession / Dowry Prohibition Acts | Varies by claim | Court fee as applicable |
Tenant eviction: the Rent Control route
A tenant in India cannot be evicted at the landlord's will — eviction is allowed only on the specific statutory grounds listed in the applicable state Rent Control Act, decided by a designated Rent Control Court. The two most-searched regimes:
- Kerala — the Kerala Buildings (Lease and Rent Control) Act, 1965. Section 11 lists the grounds (arrears of rent, bona fide own occupation, bona fide need for reconstruction, subletting without consent, etc.). The landlord files a Rent Control Petition (RCP) before the Rent Control Court, with appeal to the Rent Control Appellate Authority and revision to the District Court/High Court. See the step-by-step guide: കെട്ടിടം ഒഴിപ്പിക്കൽ — Kerala rent-control eviction (Malayalam).
- Delhi — the Delhi Rent Control Act, 1958. For a landlord's bona fide requirement under Section 14(1)(e), the fast-track procedure is Section 25B: the tenant is summoned and must apply for leave to defend within 15 days of service, failing which the court passes an eviction order straight away. Read the procedure and the leave-to-defend standard here: Section 25B Delhi Rent Control Act — eviction for bona fide need.
Key point: rent-control eviction turns on grounds, not on giving notice alone — a legally perfect notice still fails if none of the statutory grounds is proved.
Builder delayed your flat: RERA vs Consumer Commission
Under Section 18 of the RERA Act, 2016, if a builder fails to hand over possession by the date promised in the agreement, the buyer can either withdraw and demand a full refund with interest, or keep the booking and claim interest for every month of delay — commonly at the State Bank of India MCLR plus 2% (about 10.85% p.a. in 2026, with SBI MCLR near 8.85%). The RERA authority is meant to decide the complaint on a roughly 60-day timeline, far faster than a civil suit.
The same delay is also a deficiency of service under the Consumer Protection Act, 2019, so a buyer often has a genuine choice of forum. You may pursue RERA or the Consumer Commission, but not both simultaneously for the same relief — you must elect. The trade-offs (speed, interest formula, compensation, and the parallel-filing bar) are worked through here: RERA or Consumer Commission for delayed possession — which to file, and can you file both. Kerala buyers who want the RERA route step-by-step (Form M, ₹1,000 fee) can use ഫ്ലാറ്റ് delivery വൈകിയാൽ K-RERA-ൽ complaint (Malayalam).
Appealing a RERA order
An appeal from a RERA authority's order goes to the Real Estate Appellate Tribunal (REAT) within 60 days of the order under Section 44, and a promoter who appeals must first make the pre-deposit required by Section 43(5). The Supreme Court in Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (2021) upheld this pre-deposit as constitutional and mandatory, so a builder cannot stall a refund by appealing without depositing. Kerala's tribunal procedure — the 60-day clock, the Section 43(5) deposit and the BPLR+2% interest rule — is set out in How to file a RERA appeal before Kerala REAT (K-REAT).
Dividing family property: the partition suit
A partition suit is a civil suit by which a co-owner asks the court to divide jointly-held property and hand over that co-owner's separate share; the limitation period is 12 years under Article 65/110 of the Limitation Act, 1963, and the clock starts only when one co-owner is ousted or another's possession becomes openly adverse. Court fee is state-specific — typically a fixed fee when the plaintiff is in joint possession and an ad valorem fee on the claimed share when they have been excluded.
A co-owner in possession faces no limitation bar until ouster, which is why families can litigate decades-old property. The Kerala procedure — Munsiff Court jurisdiction, preliminary and final decree, the commissioner's division, pokkuvaravu (mutation), and the 2025 High Court ruling affirming daughters' equal coparcenary rights — is here: Kerala-ൽ partition suit ഫയൽ ചെയ്യുന്ന വിധം (Malayalam). If the property passes on a death rather than a partition, you may instead need a succession or legal-heir certificate: Succession Certificate vs Legal Heir Certificate (Kerala).
What each route costs and how long it takes
- Cost. Rent-control and civil filings carry a state court fee (often nominal for eviction; ad valorem for a contested partition share). RERA complaint fees are small and fixed (e.g. ₹1,000 in Kerala). Consumer complaints carry a nominal fee and — importantly — no 50% pre-deposit to file; the 50% deposit applies only when you appeal a Consumer Commission order.
- Time. RERA is the fastest by design (~60-day target). Consumer Commissions are moderately quick. Rent-control and partition suits are the slowest, because they run as full civil trials with evidence.
- Deposits that trip people up. The big deposits are on the appeal side: a promoter's Section 43(5) pre-deposit at REAT, and the 50% deposit to appeal a Consumer Commission order. Budget for these before you file an appeal.
When you can handle it yourself vs when you need an advocate
Sending a rent-demand notice, filing a RERA complaint online, or lodging a consumer complaint on e-Jagriti are all doable by an informed litigant. But a contested eviction with a leave-to-defend fight, a partition with disputed title, or any REAT/consumer appeal with a deposit and points of law is advocate territory — the drafting and the case law decide the outcome. Where you do brief an advocate, come prepared: know your forum, your limitation date, and the two or three judgments that govern your facts.
Frequently Asked Questions
Which court do I go to for a property dispute in India?
It depends on the dispute. A landlord evicting a tenant goes to the Rent Control Court under the state Rent Control Act; a home-buyer facing builder delay goes to RERA or the Consumer Commission; co-owners dividing property file a partition suit in the civil court. Identify the dispute type first — the value of the property does not decide the forum.
Can I file in both RERA and the Consumer Commission for a delayed flat?
Both forums have jurisdiction over delayed possession, so you have a choice, but you cannot pursue both at the same time for the same relief — you must elect one. Filing parallel proceedings for identical relief invites dismissal for forum-shopping. Choose based on speed, the interest formula, and the compensation you want.
What is the limitation period for a partition suit?
Twelve years under Article 65/110 of the Limitation Act, 1963. Crucially, the clock starts only when a co-owner is ousted or another co-owner's possession becomes openly hostile to your co-ownership — so a co-owner who remains in joint possession is generally not time-barred.
How much interest can I get for a builder's delay under RERA?
Section 18 of the RERA Act lets you withdraw for a full refund with interest, or stay and claim delay interest, usually at SBI's MCLR plus 2% — about 10.85% per annum in 2026. The rate is prescribed by state RERA rules, so confirm your state's exact formula.
Can a landlord evict a tenant just by giving notice?
No. Under Rent Control Acts, eviction is allowed only on the specific statutory grounds — arrears, bona fide need, subletting, and so on — proved before the Rent Control Court. A notice alone, however correctly drafted, does not entitle a landlord to possession if no statutory ground is made out.
What deposit must a builder make to appeal a RERA order?
A promoter appealing to the Real Estate Appellate Tribunal must make the pre-deposit required by Section 43(5) of the RERA Act before the appeal is entertained — the Supreme Court in Newtech Promoters v. State of U.P. (2021) held this mandatory. There is no waiver, which stops builders from stalling refunds through appeals.
How Urava helps
Property and tenancy questions almost always hinge on which forum, which section, which limitation date — exactly the checks that go wrong under deadline pressure. Urava is an AI legal-research assistant for Indian law that returns a court-ready, citation-backed research memo (PDF) in about ten minutes, from a plain-language question or even a scanned Malayalam/Hindi document. Ask it "RERA or consumer for a two-year delayed Kochi flat?" or "limitation for a partition suit when I'm still in joint possession" and get the governing sections, the leading judgments, and a drafted note you can verify and file. Start free — three researches a month — at urava.app/register.