Facing A Property Related Dispute? Know How To Solve It!

Property Disputes
Real Estate » Facing A Property Related Dispute? Know How To Solve It!

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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.

Property Disputes

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.

Also Read: How to keep Family Property Conflicts at bay the Legal Way

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.

Also Read: Top 5 Ways to Avoid Property Disputes in India

  • 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.

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.