Common Joint Property Disputes and How to Resolve them?

Matrimonial Disputes » Common Joint Property Disputes and How to Resolve them?

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When you and your spouse or partner buy a house together, you’re not just buying a place to live – you’re also creating a financial partnership. Along with that partnership comes the potential for disagreements about how the property should be managed and shared.

Most couples and joint property partners never have to deal with these disputes, but if you find yourself in the middle of one, it’s important to know how to resolve property disputes in family. The best way to handle any type of property dispute is to talk to your partner and try to come up with a solution that works for both of you. If that’s not possible, then it might be time to seek legal help from some reliable legal firms such as LEX Solutions

Sometimes you’re not sure if what you’re arguing about is actually covered under joint property rights in India, or if it’s something that needs to be resolved in a different way. If you’ve heard that joint property rights can be tricky, and you’re not sure where to start. Don’t worry, we’re here to help.

In this post, we’ll outline some of the most common types of joint property disputes and how best to resolve them.


Let’s assume that you and your partner are splitting up and you have to decide what to do with the family home or any joint property. You bought it together, and now you both have a claim to it. It’s a common joint property ownership dispute, and it can be tricky to resolve.

Here are a few things to keep in mind:

1) Make sure you both have a clear understanding of your legal rights.

2) Come to an agreement about what you want to do with the property.

3) Have a third party mediate any disputes that may arise.

4) Seek legal help if you can’t come to an agreement.

Common Joint Property Disputes

When it comes to joint property, there are a few common disputes that can come up. Here are a few of the most common ones:

  • Who pays the bills? This is a common question and one that can often lead to arguments.
  • Who makes decisions about repairs and renovations? This can be another sticking point, as some people may feel that they have more of a right to make decisions than others.
  • One of the owners has exclusive control over the property, but he or she refuses to pay the other owner who is now without ownership of the real estate rent or other compensation.
  • One of the property owners will not contribute to the costs associated with maintaining the property, such as upkeep and other maintenance fees.
  • On property management-related concerns, the owners are unable to come to an agreement.
  • The property’s owners are unable to come to an agreement on how to manage it going forward. For instance, the co-owners can disagree on whether to keep the property as an investment, sell it, or make improvements to it.
  • One of the owners is interested in selling the property, while the other is not.
  • The connection between the joint owners breaks down, which is especially prevalent for cohabitating couples who are not married or in a civil partnership. They could be disputing their rights to inhabit the land or their respective shares of the property.
  • Conflicts between cohabiting parties, such as where the non-owner makes a major contribution to the property and may be entitled to a portion of the equity.
  • The owners differ over the magnitude of their ownership stake in the property.
  • Investment property—when a piece of property is owned jointly and there is a dispute between the investors.
  • One person using the property without the other’s consent.
  • One person denies the other access to the property.
  • Disputes over who should live in the property and who should rent it out.
  • One person trying to exclude the other from owning any part of the property.

Joint Property rules in India

Let’s assume you and your spouse are the proud owners of a property that’s jointly held. You’ve both put equal amounts of money, time, and effort into making it what it is today. But now that you’re getting divorced, things are starting to get a bit complicated.

Who gets to stay on the property? Who will be responsible for the mortgage payments? And what happens if one party decides they want to sell? These are just a few of the questions that need to be answered during joint family property disputes. 

Also Read: How to Keep Family Property Conflicts at Bay the Legal Way

The good news is that there are ways to resolve these disputes without having to go to court. In India, the joint property rules are based on the Hindu Succession Act of 1956. This act lays out a set of guidelines that dictate how property is divided among heirs in the event of a death.

But the act doesn’t just apply to Hindus—it applies to all religions in India. If you’re not sure what the act says, or if you need help resolving a joint property dispute, then you should speak to a lawyer who can help you navigate these tricky waters.

One of the recommended law firms in New Delhi and Chandigarh is Lex Solutions. 

If you and your partner can’t agree on what to do with the property, you might have to go to court to sort it out.

Here are some things the court might consider when making a decision:

-How long have the two of you been married/in a relationship?

-Who made the biggest financial contribution to buying/building the house?

-Who has been living in the house and paying the bills?

-The wishes of any children who live in the house.

Joint property ownership on death

Imagine this: you and your spouse own a house together, and you die suddenly. Now, what happens to the house?

Generally, when one spouse dies, the other spouse becomes the sole owner of the property. But there are some states that have community property laws, which means that the property is owned jointly by both spouses even after one of them dies.

So what can you do if you’re faced with a joint property dispute like this? The best thing to do is to speak with an attorney who specializes in this area of law. They’ll be able to guide you through your state’s laws and help you resolve the dispute as quickly and painlessly as possible.

Resolving Joint Property Disputes

Resolving property disputes as soon as possible is very important to keep yourself stress-free. A good way to resolve any kind of joint property dispute is to go to court and get a proper judgement. If you cannot come to an agreement outside of the court, the court will order the division of the property in a fair and equitable manner.

If, on the other hand, both parties are willing to negotiate and come to an agreement outside of court, there are a few different ways this can be done. One way is for each person to get a lawyer who will help them draft a settlement agreement. This agreement will outline how the property will be shared and what will happen if one party breaches the agreement.

Also Read: Facing a Property Related Dispute? How to Solve it!


  • Settlement: If family members are involved in the property issue, you might opt to settle it through settlement. In the settlement, both parties must sit across from one another and agree on how to split the assets and real estate. This entails the split of both transportable items like jewellery and immovable items like real estate.

Families occasionally hire an impartial third party to uphold discipline during the procedure. Such an impartial third party can assist the parties in reaching a win-win conclusion. You should draft a settlement agreement once the family members have mutually agreed upon a distribution. This settlement agreement should be signed by all family members.

The settlement eliminates the need for legal representation and court fees. It is usually preferable to settle if at all feasible and in the first instance. You can go to court if a settlement cannot be reached or if it is unsuccessful.

  • Litigation: Litigation is nothing more than going before the courts to settle property conflicts. This entails attorneys, court fees, and sometimes a sizable length of delay. In the first case, unconnected parties will often turn to lawsuits. Litigation is a long-term conflict resolution method that incorporates judicial procedures and processes. Only pursue litigation if you have all the necessary papers, including the title deed, and your attorney believes you have a good chance of succeeding. Courts have been known to order parties to settle out of court. This settlement is under court supervision.
  • Mediation: Another way to resolve a joint property dispute is through mediation. This is where both parties meet with a mediator who will help them come to an agreement. The mediator will not force either party to agree to anything but will help them talk through their issues and come up with a solution that works for both of them.
  • Liquidation: It is possible to sell the property and receive a portion of the proceeds. A court will frequently order the sale of an unoccupied property.
  • Buy Out: One might purchase the other. As a consequence, one is given the property and everyone gets their fair portion of the value.

Joint ownership of property disputes can be resolved easily if you hire LEX Solutions for such matters. If you’re in the middle of a joint property dispute, it’s important to know your options and what each option entails. Talk to a lawyer about your situation and find out what the best course of action is for you.

Additional Tips:-

  • If you are in the unfortunate situation of being in a dispute with your spouse or partner over joint property, it is important to take action and resolve the dispute as soon as possible. Here are a few tips on how to do that:

    1. Talk to your spouse or partner about the issue and try to come to a resolution.
    2. Seek legal help if you are unable to come to a resolution on your own.
    3. Try to stay calm and rational during the dispute.
    4. Keep track of all financial transactions related to the joint property.
    5. Make sure you have a written agreement outlining the rules and regulations related to joint property.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.