Know The Top-Notch Property Lawyers In NCR

Real Estate » Know The Top-Notch Property Lawyers In NCR

Properties, both self-acquired and inherited, often have legal repercussions. These could be in terms of disputes with neighbors, tenants, succession, agreements, and many more. Even the best of family bonds can break due to a property dispute. What is required is a trained professional to navigate these sensitive issues. This is where a Property lawyer comes into the picture.

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Property Law

In simple words, property law is an area of law that deals with matters of ownership of property. The law dictates what to do in case of different types of disputes related to properties including in case of succession and inheritance. This is a complicated and intricate part of the law that requires much hard work on the part of the lawyer in order to get the best outcome for any property case.

Best Property Lawyers in NCR

Delhi NCR is home to many highly ranked universities and as such many fresh lawyers are added to the workforce every year. For property cases, NCR has several best lawyers for property disputes. While it would be impossible to write about all such lawyers, some of the top property lawyers are as below.

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

Jaspreet Singh Rai:

A reputed lawyer with over 19 years of experience in litigation, Advocate Jaspreet Singh Rai is the go-to lawyer for many people and among the best property dispute lawyers in Delhi. He is based in the Greater Kailash area of New Delhi and primarily works in the areas of civil, criminal, arbitration, trademark, intellectual property rights, labor law, etc.

He also has work experience in the fields of matrimonial disputes, suits, writs, rent control, and dishonor of cheques among others. Mr. Rai typically works in consumer matters but has previously worked with CBI on corruption cases as well.

Together with Mr. P. N. Lekhi, Mr. Rai has set up a firm to bring about his professional best to legal cases. He has worked not just in the Supreme Court but also High Court and other district courts.

Karan S. Thukral:

The brain behind the famed Thukral Law Associates is Karan S. Thukral. Mr Thukral works not just in India but also offers his service internationally to clients in over twenty different countries. Although he focuses on several areas like immigration, family law, infrastructure, merger and acquisitions, corporate law, criminal law, and elderly law another prime focus area is on real estate.

His past casework has been in the real estate area of builder buyer agreements, probate, tenant disputes, property management, inheritance, property development etc.

For his work, Mr Thukral has been recognized and awarded the Best NRI Law Firm of the Year as well as Law Firm of The Year at the India Prestige Awards in 2021 and he could be counted among the best property lawyers in the region.

Ashok Gupta:

Ashok Gupta, the namesake of Ashok Gupta & Co is another reputed lawyer based out of New Delhi. The firm has been in operation since the year 1989 and has several highly experienced lawyers in its team.

Working in the Delhi courts, Mr Gupta has worked on domestic violence, family and divorce cases, and corporate and criminal cases too. In their property litigation offerings, Mr Gupta provides relief in rent, lease, possession, declaration and damages etc.

Over the two decades that Mr Gupta has been working in the Delhi courts, he has also managed to make a mark internationally. He aims at understanding his clients as much as possible and providing them justice as fast as possible.

Vijay Tangri:

Mr Vijay Tangri, a Delhi local graduated with a law degree in the year 1994. He soon followed it up with an LLM degree from Northwestern University School of Law, Chicago.

He started his working career in 1995 in Chicago as a negotiator and then in investment banking. Mr Tangri’s working career in India spans over 23 years. He is considered one of the top senior advocates in the Supreme Court.

Some of his past clients are in the fields of banking, oil and gas, IT and in manufacturing. Mr Tangri was also chosen as the Commercial Legal Contract Manager in Motorola in 2004 followed by Huawei as DGM commercial.

In the matter of property law, Mr Tangri has worked on cases related to neighbour disputes, family property disputes, gifting of property, succession of property, illegal possession etc.

Prithvi Raj Sikka:

Prithvi Raj Sikka is a top practicing lawyer in the Supreme court of India. He also works in the high court and other district courts in Delhi and NCR. Mr. Sikka was the founding member of Sikka & Co that merged with Law Juris. Today, he manages the firm and is a lawyer with 31 years of legal experience.

Mr. Sikka has managed matters related to civil, intellectual property rights, insurance, corporate, labor, and legal auditing. He is also an active member as the chairman of the Legal Committee of the Faridabad Chamber of Commerce and Industry.

His written words are published often in Lawyers Club India and Path Legal. Mr. Sikka is also a visiting faculty at IMS Law College at Noida.

Arvind Tripathi:

Based out of Allahabad, Advocate Arvind Tripathi also works out of Delhi High Court and District courts in NCR. Graduating with a BA LLB degree, he has been in the workforce for over 30 years.

Although he specializes in civil and criminal cases, he also occasionally handles property-related matters as well. Mr. Tripathi is well known for his result-oriented approach to handling cases and for his ability to work independently.

He also provides advisory services in several legal areas. Some of his past cases are in areas of armed forces tribunal, NCLT, criminal, cheque bounce, anticipatory bail, etc.

Sudershani Ray:

One of the younger members on this list is Advocate Sudershani Ray. She has professional work experience of over 8 years. A graduate of Jamia Millia Islamia in BA LLB, she works in providing consultancy and legal advisory services out of Kailash Hills, Delhi. Sudhershani Ray has been a member of the Bar Council of Delhi since 2008.

She has expertly managed several legal cases such as consumer complaints, matrimonial disputes, food adulteration act complaints, and also property disputes. Another major aspect of her work is about agreements such as letters of intent, MOU, consortium agreements, development agreements, sale deeds, etc.

Delhi NCR is blessed to have many knowledgeable and proficient property lawyers. The list above is not exhaustive and there are many renowned lawyers such as the ones at Lex Solutions. Trust the best and the top real estate lawyer Delhi NCR, Lex Solutions, for any property dispute.

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.