One of the most common civil litigation areas is property disputes. Purchasing land is hard but the addition of a dispute can possibly lead to losing the property, which would be devastating. Property disputes are a nightmare to navigate and solve. It is especially difficult when both parties are family members.
Property disputes are not just tough mentally and monetarily but are also quite complex. Described below are the common property disputes, how to solve them, and also how to avoid them.
Indian courts have a large number of property dispute cases ongoing. Due to the nature of the cases being perplexing, it takes time to resolve them. As stated above, most property cases arise between family members or also between landlord and tenant, or between sellers and buyers.
To settle matters of property disputes, property lawyers in Chandigarh and India refer to the inheritance laws. The act that oversees all property disputes is the Transfer of Property Act. Here, for property disputes both movable and immovable property pieces are considered.
Types of Property Disputes
The most common types of property disputes are as below.
Immovable Property Title: When a person has a title over a property, it means there is sufficient documentary evidence that the person holds the rights to the property. They can use it for personal purposes or for income generation. This title can be contested for various reasons like if it was a gift or given under a will. In this case, the title of the property is examined for over thirty years to determine its current status.
Delay in construction of flats: Most builders have a timeline within which the flats would be done and the purchaser can move into them. If there has been a delay for any reason, it could lead to a property dispute. Typically issues arise in this case due to the absence of transfer to the title, occupancy certificate and other administrative reasons. The buyer, in this case, must request for the sanctioned plans to ensure there are no illegal constructions.
Inheritance: Property disputes over family property and inheritance are quite common in India. Generally, the eldest born male child inherits the family property but if there are more than two male children, there is a chance of a property dispute. If all fails in resolving these disputes, the law of succession holds true.
Rented property disputes: Most of the best lawyers in Chandigarh have to handle property disputes over rented properties often. Disputes here can be of any nature, from damage to illegal construction, maintenance etc. These rental property disputes can be avoided by having proper rental agreements.
How To Sort Out Property Disputes
There are two major ways one can solve a property dispute through a property dispute lawyer. Both parties to the dispute can either opt for settlement or for litigation. Both ways have been elaborated on below.
Settlement: The first way to solve a land dispute is a settlement. Settlement refers to a process where all parties sit together and come to an agreement to solve the said dispute. They will decide on how to divide the movable and immovable assets. Usually, to ensure things go about smoothly a neutral third party is bought on. Discussions go on till an agreement is reached where both parties agree to the division and sign the agreement. This process saves time and money where people would otherwise have been stuck in litigation. Settlements are always the preferred and first choice to solve any property disputes.
Litigation: If in the case both parties are not able to settle the property dispute, the court can move the court to help them solve the dispute. Both parties will appoint lawyers, seek out court dates and proceed accordingly with property litigation. This method of solving property disputes is undoubtedly lengthy and quite costly. There are also chances of delay in the delivery of the judgement of the case. Generally when the parties to the property dispute are not related meaning are not family members, litigation is opted for. For litigation, one must ensure to have all necessary property documents like the title deed. Sometimes even the court orders the parties to settle the dispute outside the court.
How To Avoid Property Disputes
Property disputes are tough to handle and in many cases unavoidable. Litigation is long and draining on both parties. Disputes between non-related parties are just as difficult as property dispute between brothers. With all the discussion about property disputes, let’s understand one can potentially avoid property disputes.
- Title search and deed: During the purchase, do the due diligence and do a verification and title deed to be sure of the property’s status. Make sure there are no prior litigations pending on the piece of property. Get a physical examination done and get the property valued. Get the title deed through a proper real estate lawyer. Also, make sure the stamp paper date and the transfer of property date are the same.
- Property that was inherited: Property gained through inheritance also requires some groundwork to be done. For starters, make sure there is proper proof of the transfer such as a will, probate or a letter of administration. The said documents must also have the name of the individual. If there are no proper documents proving the transfer of property, make sure the proper succession laws were followed
- Sanctioned plans for the site: During the purchase of the property, the individual should get a site pan done by an architect. The prepared site plan will be used to compare to the build-up area to make sure they are not the same. This is done to ensure the construction is done as per the legal guidelines.
- Municipal approval: Last but not the least, make sure any and all construction plans must be approved by the local municipal corporation and other organizations. This is a necessity to make sure the construction is as per the legal constraints. One could also need to take out licenses during the process.
Over half of the total cases pending in India are over properties. There are sufficient measures and laws in place to help people avoid and navigate these disputes. However, disputes still arise. In such cases, one must take help from one of the most competent law firms in Chandigarh, Lex Solutions.