Legal Guidance – Advice on Property Disputes
Property disputes are a common occurrence in India. Property disputes typically arise as a result of claims from legal heirs or co-owners, disputes over easement rights, incorrect representation by the seller, an incorrect description of the property in the title deed, and so on. Disputes may also arise when a property is acquired through a gift or through a will.
However, legal advice on property disputes can help you breathe a sigh of relief. Nowadays, there are a number of trusted websites that provide Legal Advice on Property disputes in India, with online Legal Consultation services regarding property-related issues that are successfully resolved by experienced property lawyers.
What is a property dispute?
Any legal dispute involving real property, also known as real estate, is referred to as a property dispute. Real property is an immovable property that is directly attached to the land. The property includes a piece of land (agricultural or non-agricultural), a residential house, an apartment, a farmhouse, a pond, etc.
Property disputes can arise between family members who share a home, neighbors, landlords, tenants, and so on. Property-related disputes may also arise from the end of government agencies in some cases.
Various Types of Property Disputes
Property disputes could arise for a number of reasons. However, the following property dispute categories are listed:
- Disputes over property title; Disputes between builders/developers and buyers over property transactions, leaving buyers in the lurch, and so on;
- Disputes over willed or inherited property;
- Disputes involving the non-provision of occupancy certificates, i.e., cases in which buyers are unable to move into their new residential property until the builder obtains an Occupancy Certificate from the authorities;
- Misuse of rented or leased property is one of the most common property-related disputes in India, and it usually occurs between the owner and the tenant, or between the tenant and the local welfare association, etc.
Aside from the aforementioned disputes, India has a significant number of property-related disputes arising for a variety of reasons.
Why is Legal Guidance on Property Issues a Reliable Option?
In order to seek redress in property-related disputes, one must be knowledgeable about various aspects of Indian law. Property-related issues are extremely important and critical in nature. Property law matters are frequently complex and involve multiple laws, including local laws where the property is located; therefore, the services of an expert property lawyer become critical in these circumstances. It goes without saying that property-related issues account for approximately 66 percent of all litigation.
As a result, in order to obtain prompt redress, each step must be carefully and timely taken.
How to prevent property disputes and keep the neighborhood safe
There are several steps you can take to avoid future disputes when you’re in the process of buying or developing a property. Here are a few steps we advise conscientious property buyers and owners to take:
- Before purchasing property, conduct a title search.
Before purchasing a property, it’s always a good idea to conduct a thorough title search to ensure it’s legally clear. You should ideally verify and review any title documents for the property from the last 30 years. You can also see if the property has been approved by major banks, which usually indicates that the title is clear. The majority of title searches are carried out by title investigators or advocates.
- Check the Sale Agreement Again
Sale deeds are important documents that should be free of errors. Check that the dates on the stamp papers and title transfer documents are correct and match.
- Obtain all necessary municipal approvals and licenses.
If you intend to build on your new property, make sure you have all the necessary approvals from your municipality before proceeding. You may need to obtain licenses from the appropriate government department for construction work and other aspects of your project.
- Check that the sanctioned plan matches the built area.
This is yet another critical step to take when building on your property. Check that the approved plan matches the actual built-up area. If the approved plan does not correspond to the built area, your construction may be illegal.
- Be Extremely Wary of Inheritances
Many property disputes arise as a result of inheritances. Make sure the beneficiary’s name is on the relevant government or revenue records before investing in inherited property. The property should have been transferred with evidence of inheritance, such as a will, probate, letter of administration, or succession certificate. In the absence of a will, ensure that the property was distributed in accordance with succession laws.
- Make a written agreement or contract with any other co-owners.
Co-owners frequently disagree about how to manage their property, or when one co-owner pays more of the expenses than the other. To avoid a future legal battle, draft a contract outlining how to resolve future disputes, as well as each party’s rights and obligations.
What to do in the event of a property dispute
There are several steps you can take if you are in a complicated legal situation involving your property. We recommend that you first try to understand the problem and communicate with the other party; if you are unable to resolve the issue easily, you may wish to hire an attorney.
Property disputes over small, less expensive plots of land are frequently settled out of court. Ideally, both parties can be civil to one another and reach an agreement without resorting to a costly legal battle. Many potential legal conflicts turn out to be simple misunderstandings.
You should consult with an attorney if your property dispute cannot be resolved without legal action. A real estate attorney can assist you in sending an appropriate demand letter to the other party, filing a complaint, and preparing for litigation if necessary. You have the option of resolving your case through a “quiet file,” in which you ask the court to consider all of your evidence and arguments to determine who owns the land, or through litigation or mediation.
Frequently Asked Questions (FAQs)
- What is a “transfer of property”?
Property is transferred when a living person conveys some property to another person or even to himself, either immediately or later. A living person can also be a company or any other type of group of people. It should be noted that any property conveyance as a result of a family arrangement or partition is not a transfer of property.
- What exactly is a “mortgage”?
A mortgage is the transfer of an interest in real property as security for a loan, an existing or future debt, or the performance of any engagement that may result in monetary liability. If a lender lends money to a borrower backed by a security, the lender is protected because the security takes precedence over other creditors even if the borrower becomes insolvent. The “mortgagor” is the person who transfers the interest.
The “mortgagee” is the person to whom the interest is transferred.
- Should one get legal advice on property?
Buying a property is not just about paying the money and taking possession of the unit. The process and the documentation involved in the transaction, is complicated and is often beyond the comprehension of a layman. Moreover, not everyone will be conversant with the various laws, relating to acquisition of property. As you are putting your life savings in buying the property, you should take legal opinion for the process, to safeguard your interest.