How can I resolve my property dispute?
What is Property Dispute?
Property disputes are high in most states in India. That too especially in Tamilnadu where property disputes sometimes turn into high risk criminal cases. Due to disagreements between the two sides, fights occur and people go to the steps of the court to seek a just decision. Let’s continue to learn how to resolve these property disputes.
A property dispute is a disagreement between two parties regarding property. These disagreements are of various types and I have explained some property disputes.
- Property boundary disputes,
- Injunction disputes for construction repairs,
- Disputes over legitimate claims,
- Disputes relating to expropriation of property,
- Property disputes arising out of breach of contract property disputes,
- Real estate fraud,
- Disputes between co-owners or joint property ownership disputes – family disputes relating to property,
- Violation of the conditions specified in the deed without performing the procedures will lead to disputes.
All the above mentioned are common reasons for property disputes. Let’s look at these in detail one by one.
Property boundary disputes.
If boundary stones are changed or a new boundary stone is placed on his property without the knowledge of the land owner, then there is a boundary problem that causes dispute between the two parties.
Constraint Disputes for Construction Repairs.
If the other party is disturbed or inconvenienced while doing constructions or repairs in the property, a dispute can be filed to avoid this by asking them to stop or asking for a ban. This injunction can be obtained through the court.
Disputes over legitimate claims.
When someone else claims ownership of your property, the situation arises when a dispute arises to prove your rightful ownership. Thus, if forced to prove his right over the properties, he can approach the court.
Disputes relating to expropriation of property.
If someone else is usurping or trying to usurp your property, you may have to enter into a dispute to protect the property in your experience to prevent it, but you can file a case in the court.
Property disputes arising out of breach of contract.
A contract is involved whenever real estate is bought, sold (disputed property for sale) or leased (disputes between landlord and tenant). Tenants agree to pay their rent on time and follow the terms set forth in the lease; Landlords agree to provide maintenance and allow the tenant to use the property; Home buyers agree to pay a certain amount to the seller in exchange for rights to the property as per the Property Disputes Act. If someone fails to fulfill their obligations, they may be found in breach of contract, and the other party may seek damages to compensate them for their losses.
Property Dispute Real Estate Fraud.
Fraud can happen in any industry, including real estate. Real estate fraud is when one party to a transaction misrepresents their property and suppresses facts regarding the property’s condition to the detriment of another party. Avoid disputed assets.
Disputes between co-owners or joint property ownership disputes – Family disputes relating to property.
Land disputes between brothers are a common phenomenon in India. More than one person owns the same property as joint leasehold property. A property dispute between brothers and sisters or a co-ownership dispute between partners may arise over property issues. For example, if the shares are not properly divided more than a fair share of the costs of the property, the owner can be sued for damages if the shares are properly divided by court order.
Violation of the conditions specified in the deed without performing the procedures will lead to disputes.
A property dispute can arise when one party to a real estate transaction fails to perform the procedure specified in the deed. Breach of contract may occur because the breaching party fails to fulfill its obligations rather than resolving disputes by following a specific procedure and a court case can be brought to remedy this.
For example: Deeds relating to roads leading to properties specify procedures and conditions and failure of a person to do so will result in a dispute.
How to avoid property disputes?
Following the legal rules from the very first step will help you avoid property disputes in the future.
Investigate property transactions for 30 years before buying property.
You should see if they have written a mortgage in the bank or elsewhere before buying property.
Depending on the type of asset, ensure that the beneficiary’s name has been changed in the necessary government or revenue records before investing in the inheritance.
Ensure that such property is transferred with the necessary proof of succession – such as a will or succession certificate – or by any mutual agreement, Note how the property was purchased.
If there is no will, make sure the property is allocated according to applicable inheritance laws.
Make sure that the date on the stamp papers matches the date on which the title document was transferred.
Make sure that your housing project has received all necessary approvals from various departments of the municipal corporation.
Check with the appropriate departments to see if any licenses are required. If you check this before buying a property, you can prevent minor problems later on.
How to resolve property dispute?
You have two options for resolving property disputes mutual understanding resolving issues through negotiation or going to court.
Here are some strategies to avoid or resolve property disputes:
If you live in an area with a lot of open space on your property, using a fence or putting up a “Private Property” sign can help. This will prevent your property from being encroached upon.
You can prevent intruders from entering your property without authorization by using a fence or notice board or by erecting fences around it. It also reduces the chance of disagreement.
Property Measurement by Land Surveyor A land surveyor has more knowledge about property dimensions than the average person and he can help you better understand your property boundaries. A surveyor can help you determine the correct length of your property boundary line so that you and your neighbors can ends legal battle.
A property problem can be solved by filing a complaint at the nearest police station before it becomes a problem.
If the property problem turns into a trespassing court case, you may need to take legal action if your neighbor has a court case against you.
If a notice is served against you, a counter-notice should be sent to your opposite party on the advice of a lawyer. Also handle the property case in court through a lawyer.
Property disputes can’t be settled by courts or lawyers and police alone, you can even decide by talking to yourself, amicable negotiation is always the best method.
If the case is pending in the court, if it is possible to mediate, then yes, of course it is possible. This is why there is a conciliation center called Lok Adalat in the court.
In this, the party who wants to settle the case through a memo can inform the judge in the relevant court case and mediate in the case. Also through this Lok Adalat can be conciliation in criminal and civil cases.
The scale of property disputes in India is staggering as only about 66% of cases pending in civil courts in India are property disputes.
Three-quarters of all cases heard by the Supreme Court of India relate to the same subject matter.
Since land is crucial for the development of a developing country like India, which is the second most populous country in the world, it is very important for us as a nation to find answers to this problem. A lot of problems can be solved if one is careful while engaging in property transactions.
Before buying a property, it is better to consult a lawyer to see if there is any encumbrance in the property so that he can find out the legal issues that you cannot find and advise you so that you can get a property that is not encumbered.
What is the best way to solve the boundary problem?
Talking to your neighbors about boundary issues can help resolve them. It is best to identify the limitations of your property and settle the matter amicably. If things get out of hand, you can file a complaint with your local police station.
Can the property be sold while the court case is pending?
No, the disputed property cannot be sold until the issue is resolved and the case is over.
Is it possible for my neighbor to claim my property?
A neighbor can only claim your land if they have been allowed to live on your property or own part of it for more than 12 years without your permission. This can create a sense of entitlement in your neighbors.
The property disputes between two brothers easily resolved?
A property dispute between brothers, a step-father or a property dispute between a mother and son can all be resolved easily. Follow the land records to avoid any future disturbance.
What is land dispute?
The land dispute is a dispute between two or more parties over land rights, which focuses on a specific piece of land and can be resolved within the existing legal framework.
