1. Mineral Rights

In India, the ownership of minerals beneath the land is a complex subject. While the Supreme Court has opined that mineral rights should vest with the landowner, there is no explicit law declaring that all sub-soil or mineral wealth vests in the state . However, the Mines and Minerals (Development and Regulation) Act, 1957, governs the mining sector, and states have the authority to grant mining leases and collect royalties. Therefore, even if a landowner holds mineral rights, extracting minerals typically requires obtaining the necessary licenses and approvals from the relevant state authorities.​ 

2. Air Rights

Air rights pertain to the space above a property. In India, property ownership generally includes the right to the airspace above the land, subject to reasonable use and zoning regulations . These rights can be significant in urban areas where vertical development is common. However, air rights are subject to restrictions imposed by local building codes, height regulations, and other planning laws. It’s essential to consult with local authorities to understand the extent of air rights and any limitations applicable to a specific property.​ 

3. Water Rights

Water rights in India are primarily governed by state laws, as water is a subject under the State List in the Constitution . Landowners typically have rights to groundwater beneath their land, but the use of surface water bodies like rivers and lakes is regulated by the state. Additionally, the right to clean water has been recognized by the Supreme Court as a fundamental right under Article 21 of the Constitution . Therefore, while landowners may have certain rights to water resources, these rights are subject to state regulations and the overarching need to ensure equitable and sustainable use of water resources.​