How to keep family property conflicts at bay the legal

Property Dispute
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There are many instances of family disputes over the property in India. This is something found commonly in every stratum, be it poor or rich. The ultimate option to settle such conflicts is to take the matter to the Court. 

There are many types of property disputes faced by many families in India. These may arise between siblings, heirs, and co-owners. There may be disputes related to the ratio of property distribution, will, easement rights, the bad title of a property, and more. 

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

There are many laws that the constitution of India has provided for handling such matters. Here are some important family property distribution laws:

Partition Act, 1893

  • Under the act, if there is a suit for partition, if the Court finds that the property’s partition cannot happen due to some reason or sale of that property is more beneficial, the Court may direct the property’s sale and distribution of proceeds on request of the interested shareholders.
  • It provides that any of the shareholders can ask for leave to buy the other parties’ shares, and the Court may then offer a valuation to the concerned party and sell their part of the property to the applicant.  
  • The Act also comprises detailed provisions if there is a disagreement between the shareholders.
  • The Act has provisions that give the family members the right to purchase the share of the stranger ‘suing’ for the partition.
  • The Act’s section 9 gives the Court the power to distribute the property equally among the family members, sell the remaining property, and distribute the proceeds.  

The Act was reported to have gaps under the 86th Law Commission report on the Partition Act, 1893, and various suggestions were made to amend it. However, the amendment is yet to be made.

Indian Succession Act, 1925 

  • This Act deals with two types of succession, them being testamentary succession and intestate succession. Testamentary succession is wherein a person makes a ‘will’ (a written document specifying whom their property will be transferred to after their death). If there is no will, the deceased’s properties are distributed according to their religious law called intestate succession. 
  • This Act is applicable if there is no personal law applicable to the concerned person. Similarly, this Act is applicable to Christians for both types of successions, while for Buddhists, only testamentary succession laws are applicable. 
  • In the case of Christians, the religion of the heir doesn’t matter, but the deceased must be a Christian on the date of their death. Also, under this Act, the adopted child won’t have the same right as the biological child. 

Hindu Succession Act 

  • Under this Act, even after the person has changed their religion from Hinduism, they can still claim their share from their ancestral property. This kind of flexibility was not in the Act before, but it has now been amended. 
  • Under this Act, the descendents of the converted don’t have any right over their ancestral property unless they were Hindus at the time of the succession’s opening. 

Muslim Personal Law (Shariat) Application Act, 1937 

  • This Act is applicable when both the parties belong to Muslim religion.
  • Under this Act, the biological son of the person has the right to claim their property even if he has changed his religion.

Ways To Resolve Property Disputes In A Family

If you are thinking of how to resolve property disputes in family, or property dispute cases between brothers using other methods, here are some resolutions:

  1. Family Settlement 

To avoid going to the Court for family disputes over property, the property can be divided among the members through family settlement. Herein, the family members can negotiate and settle the dispute. It is not necessary for the family settlement deed to be registered or be on a stamp paper. This way only focuses on complete satisfaction of the members. 

2. Partition Deed 

The partition deed divides property between its co-owners. A deed is prepared stating the share of each co-owner, giving them an absolute title over their part of the property. The co-owners execute this partition deed on their own. The division is done on the basis of the share of the co-owners. It is done according to the law. 

3. Will Probate

A probate is a copy of the will certified under the Court’s seal. It can be granted only to the executor under the will (section 222 of the Indian Succession Act, 1922). After the petition is filed, the Court releases a public notice in leading newspapers inviting any objection. If there is no objection, the Court considers the evidence and grants probate. 

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

As per Article 137 of the Limitation Act, 1963, the limitation period for filing a probate petition is 3 years from the date when the cause of action or the right accrued. For a probate, a Court fee needs to be paid; this depends on the facts and the state jurisdiction of the case. 

There is no specific time mentioned under the act as to when the suit ends. It depends on the facts and the whereabouts of the case.

Property Partition: Common Misconceptions

There are a lot of misconceptions related to family disputes in India. However, the most common are the following:

  • Many people have a misconception that a will is necessary in case of an ancestral property. Herein, partition is done according to the laws of that particular religion. A will cannot be made in such a case; however, a will can be made in the case of self-acquired property. 
  • Another misconception among people is that only the nominee can become the owner of the property once it is transferred to them, but it is not so. A nominee is only a trustee of the property. They are just appointed to do all the work on behalf of the person who nominated them and is now deceased. 

There are many people who have doubts on how to resolve property disputes in India. While many settle the matter amongst themselves, others seek legal advice on property disputes. Many people don’t know property related disputes are settled in which court. In such cases, it is best to consult a lawyer.

If you are a resident of Chandigarh, Lex Solutions is a reputed property law Firm thatcan you can find many reputed property lawyers who can offer you the best resolution in any property dispute you might have been facing. There are experienced lawyers who are easily accessible and offer the best guidance. You can check them out online or visit them. 

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.