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The Most Common Types of Property Disputes and How to Win Them?

Types of Property Disputes
Real Estate » The Most Common Types of Property Disputes and How to Win Them?

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Are you facing a property dispute with your family/neighbour/builder, etc? Well, you are not alone. In India, 66% of civil cases are related to land or property disputes. Looking at land frauds and ownership disputes over land you should be aware of the types of property disputes that take place in India, and ways to prevent them. Also, if you face any property dispute how to resolve it.

In this blog, we have covered all kinds of property disputes, their prevention, and measures. Please scroll and read it.

Property Disputes in India

A property dispute is an argument over who is the rightful owner of tangible or immovable property. When it comes to property, disputes can arise between family members, between land sellers and buyers, and even between owners and tenants.

Types of property disputes

Following are some of the most common property disputes that happens in India

  • Misuse of rent/lease property-

    This dispute occurs between the owner and the tenant of the property. And in some cases with the local welfare association. This dispute can be avoided by making a rental agreement before renting a property. All the rules regarding lease/rent should be mentioned in the legal document.

  • Property dispute between brothers-

    This is the most common property dispute in India. The idea is widespread in India that the male child will receive the inheritance. This dispute arises when parents don’t leave a bill for their children and children decide to divide the property among them.

  • Conflicts involving the failure to provide an occupancy certificate-

    A builder gets an occupancy certificate from the authorities after fulfilling all the norms, and if your builder is not providing you with an occupancy certificate on time it means the builder has not fulfilled some rules.

And to avoid disputes with builders, you should always choose a reputed builder. And you should also make sure that the property is regularly inspected by the authorities which you have purchased.

  • Property disputes involving inherited or willed properties-

    This dispute can be also called a joint family property dispute. Conflicts may arise if someone inherits property through a will and someone contests the validity of the decision. A person can pass away intestate, or without a will, yet still encounter disputes. It is very important to crosscheck the title of the property owner, while buying any property, especially when the seller owns the property through inheritance or will.

To avoid such disputes in the family, parents should make a clear will by following all the legal activities.

  • Conflicts between developers/builders and purchasers-

    Other types of property disputes occur between builders and buyers. It is very important to buy property from a reputed builder/developer so that you have clarity in your deal. Also, you should check whether the property you are buying is Rera registered. And always give a preference to buy a Rera registered property.

  • Disputes relating to the property’s title-

    The property’s title is associated with the ownership of the property. Due to the lack of digitalized land documents in our nation, title fraud involving real estate property is fairly widespread. Examples include claims made by other parties, legal beneficiaries, co-owners, disagreements over easement rights, misleading representations, etc.

You can avoid this fraud/dispute by verifying the property documents clearly and taking the help of proficient lawyers.

Also Read: The Difference Between Co-Ownership And Joint Property Ownership?

Property dispute law

In the Indian legal system, there are various property dispute laws. Below mentioned are some of the important related to property disputes-

    • Indian Stamp Act, 1899, and Registration Act, 1908
    • Indian Easement Act, 1882
    • Indian Contract Act, 1872
    • Real Estate (Regulation and Development) Act, 2016 (RERA)
    • Land Revenue Codes
    • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
    • Transfer of Property Act, 1882

What steps can a person take in case of property dispute?

In India, the land dispute can be solved either through mutual agreement or through a litigation process.

  • Mutual agreement- This is considered the best method to resolve a land dispute cases in India. As in this, both parties decide to settle their disputes with mutual agreement. In mutual agreement, both properties sit together and divide the property. In some cases, both parties call an impartial third party to hold discipline and to help them in reaching a satisfactory conclusion for both parties.

  • Litigation- Litigation is the process when the parties involved in the dispute, go to court to solve their disputes. To apply for a litigation method to resolve your property dispute, you should have all the important documents related to the land. Also, you need a legal expert who can represent a strong case on your behalf in court. And to get an expert in joint family property disputes or other kinds of property disputes, you can consult Lex Solutions.

Also Read: How To File A Public Interest Litigation In India? – A Guide

Final words,

In India, 25% of land dispute cases are pending to be resolved by the supreme court of India. Hence, it is very important to check property papers while buying and make sure to prepare a will for your property. And as mentioned in the blog, try to solve the disputes first with settlement and if you need legal guidance, you can consult Lex Solutions, a legal firm based in Chandigarh.

Frequently Asked Questions

  • How to handle property dispute between brothers and sisters in India?

In India, this dispute arises because the brothers want to inherit all the properties by themselves whereas according to our legal system, a sister has an equal share of the property as his brothers. And the best way to solve property disputes between siblings is a settlement/mutual agreement where they sit with each other and decide upon the distribution of property.

  • Is property dispute a civil case?

Yes, Property disputes come under civil law and it is a civil case. As civil law deals with cases related to money, property, divorce, housing, etc, property disputes will be a civil case.

  • In India, how can I file a property dispute case?

You can file a property dispute complaint at your local police station. Draught your complaint with the help of an expert lawyer. Briefly describe your concerns and include any necessary information about the land, property records, and tax documents to demonstrate that you have ownership of the property.

  • Can we sell property which is in dispute?

If the disputed property case is pending in court, or if there is any legal stay on the property, you can not sell the property until the court permits you.

  • What are the 4 property rights?

4 types of property rights are-

  • The right to benefit from the property in any way
  • The right to exclude others from it
  • The right to sell or transfer the property
  • The right to regulate and manage usage of property.


  • How do you resolve property boundary disputes with a neighbour?

You can talk to your neighbour and settle your dispute by negotiation or if the matter cannot be resolved with a negotiation, take legal action by lodging a complaint at the nearby police station.

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.

FAQs

  • 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.