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.
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.
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.