Do you have a disagreement with a family member, neighbour, builder, etc., over property? You certainly are not alone. Sixty-six percent of civil cases in India involve disagreements over land or property. Land fraud and land ownership disputes are common in India, so it’s important to understand the different kinds of property disputes that can arise there, as well as the steps you can take to mitigate their impact.
In this article, we have covered how to settle a property dispute. All possible causes of property disputes and methods for avoiding them have been discussed here. Just scroll down and take a look.
Disputes Over Property in India
A property dispute involves a disagreement over the legal ownership of real estate or personal property. Property disputes are common and can arise between relatives, between buyers and sellers, and even between landlords and tenants. You need an experienced and best law firm in Chandigarh high court to resolve these disputes.
Types of Property Disputes
Some of the most frequent types of property disputes in India are as follows:
Using rented or leased space improperly – Both the landlord and the tenant have a stake in this conflict. And in some cases, the community welfare group! If a rental agreement is in place before a property is rented, any potential for disagreement can be eliminated. The lease or rental agreement must include all terms and conditions.
Dispute over shared property between brothers – The majority of property disputes in India revolve around this issue. In India, it is commonly believed that the male heir will take over the family business. There is contention when children inherit property from their parents but fail to leave a will.
Disputes arising from the absence of an occupancy certificate- When a builder satisfies all regulations, the relevant authorities issue an occupancy certificate; if your builder is delaying delivery of this document to you, it’s likely because he hasn’t done so. And always go with a reputable law firm in chandigarh if you want to stay out of a dispute. Additionally, it is your responsibility to ensure that the authorities routinely inspect the property you have acquired.
Disputes over property that was left to someone in a will or was inherited –
A joint family property dispute is another name for this situation. If someone leaves property in a will and another person disputes the will’s validity, tensions are likely to arise. Even when a person dies intestate, without a will, disagreements may arise. When purchasing real estate, it is crucial to verify the seller’s ownership, especially if the seller acquired the property through a will or an inheritance. Parents should make a clear will by doing everything legally required to avoid such family disputes.
Disagreements between builders and buyers – Disputes between developers and homebuyers also exist. If you want to avoid confusion in your real estate transaction, it’s crucial to work with a reputable builder or developer. You should also verify the property’s Rera registration status. And give Rera-registered homes first consideration whenever possible.
Legal wrangling over property ownership – Title to a piece of property indicates who legally owns it. Disputes over easement rights, misrepresentations, and other claims from third parties, legal beneficiaries, co-owners, etc. are all possible examples. Verifying the property documents clearly and using the assistance of best lawyers in Chandigarh can help you avoid this fraud or dispute.
Property Dispute Law
Several different statutes in Indian law address the resolution of property disputes. Some of the most crucial factors in property disputes are listed below:
Indian Stamp Act, 1899, and Registration Act, 1908
Indian Easement Act, 1882
Indian Contract Act, 1872
Real Estate (Regulation and Development) Act, 2016 (RERA)
Land Revenue Codes
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
Transfer of Property Act, 1882
What options does one have when a property dispute arises?
In India, resolving a land dispute can be done through negotiation or litigation.
Mutual agreement – In India, this is the preferred method for settling land disputes. In the same way, here the parties come to an agreement to end their dispute. Both properties have agreed to meet in the middle to divide the land. An impartial third party is sometimes called upon by both parties in order to enforce discipline and aid in the negotiation of a mutually agreeable resolution.
Litigation- When a dispute cannot be resolved amicably, the parties may resort to litigation. You’ll need all relevant land documents in order to apply for a litigation approach to settling your property dispute. In addition, you require the services of Best Property Law Lawyers in Chandigarh who can present a compelling case on your behalf. In addition, SL Legal services can connect you with a lawyer who specialises in cases involving joint family property as well as other types of property disputes.
To Sum Up…
Twenty-five percent of land dispute cases in India are currently before the country’s highest court. Therefore, it is crucial to double-check all property documents during the buying process and to have a will in place.