Who is Malik? What are his rights?

When one buys a land, the title of Malik comes along with the rights and other interests.

In the vivid landscape of India, the term “Malik” takes on a profound significance, particularly in the world of real estate and legal terminology. In the context of land and revenue records, a “Malik” is recognized as the rightful owner of the land. Let’s delve into the essential documents that not only establish ownership but also delineate the rights and responsibilities of a Malik in the Indian land ownership system.

See also: 5 common mistakes that every home buyer must avoid in real estate

 

What are the documents required to prove ownership of land?

A Malik may be required to prove the legality of their ownership, which is possible through certain documents, such as –

  • Sale deed
  • Mutation records
  • Occupancy certificate
  • Gift deed or Partition deed (wherever applicable)
  • Will (in case of inheritance)
  • Receipts of property tax
  • Utility bills

 

What are the rights of a Malik?

The proprietor or Malik of a piece of land holds various rights by their ownership, including:

Right of possession

As the owner of a property or land, one possesses the inherent right to occupy and use it, unless the acquisition involves a loan, in which case possession may be contingent on settling outstanding dues.

Right to enjoy the property

Property owners reserve the right to enjoy their assets as they see fit. This includes utilising the property for personal or business purposes. However, it is imperative to ensure that such utilisation does not infringe upon the rights or well-being of others, avoiding any actions that may cause a nuisance.

Right to dispose

The Malik holds the right of disposition, allowing them to sell or transfer the property to another individual for ownership, rental, or leasing purposes. This right empowers the owner to make decisions regarding the property’s transfer of ownership.

Right to privacy and exclusion

The right to privacy and exclusion grants the owner the authority to prevent unauthorised individuals from entering the property. This safeguard ensures that the owner can maintain the confidentiality and security of their space, protecting it from unwanted intrusions or disturbances.

 

FAQs

What is the significance of the term Malik in the context of land ownership in India?

In the land and revenue record system in India, Malik refers to the owner of the land. It is a term used to denote the individual who holds legal ownership rights over a particular piece of property.

What is a sale deed, and why is it crucial for land ownership?

A sale deed is a legal document that officially transfers the ownership of the property from the seller to the buyer (Malik). It is a critical document that serves as legal evidence of the transaction.

Can Malik use the property as they see fit?

Yes, the Malik has the right to enjoy and use the property as they deem fit. However, it is essential to ensure that such use does not infringe upon the rights of others or cause a nuisance.

What is the right of disposition, and how does it apply to a Malik?

The right of disposition allows the Malik to sell or transfer the property to another individual for ownership, rental, or leasing. It empowers the owner to make decisions regarding the property's transfer of ownership.

How does the right to privacy and exclusion protect the Malik's property?

The right to privacy and exclusion grants the owner the authority to prevent unauthorised individuals from entering the property. This helps maintain the confidentiality, security, and peaceful enjoyment of the owner's space.

Can a Malik transfer ownership to another person?

Yes, the Malik has the right to dispose of the property, which includes selling or transferring ownership to another individual.

How can a property owner address disputes related to land ownership?

Property owners can seek legal counsel and may refer to the title deed, sale deed and other relevant documents to address and resolve disputes related to land ownership.

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com

 

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