Property Dispute Introduction:
One of the most common legal disputes in India is property disputes. Asset expropriation cases, ownership of property, sale and purchase of property and disputes related to securities. And it is not uncommon for members of the same family to dispute over a share of property, especially brothers over ownership of property. Due to lack of education and proper awareness of such dispute resolution methods, most of the property related cases end up in the courts.
Cases are delayed in courts without proper documentation, and cases are delayed and dragged out by lawyers and the judiciary.
Possible Property Dispute Laws in India?
India has a significant number of unresolved property issues. In many places, disputes over the division of property between members of the same family remain unresolved, as do disputes between sellers and buyers of land, and even property disputes between landlords and tenants. In order to avoid the above disputes, the Transfer of Property Act has laid down mechanisms to resolve disputes arising during purchase and sale of property or transfer of title to one’s name. The above Transfer of Property Act acts as the legal basis for determining and adjudicating transfer and transfer of property disputes in India and is also responsible for regulating the transfer of property there.
Although most of the time disputes can arise over movable property and immovable property like land or house, most property disputes are related to land or house.
How to avoid property disputes?
In order to prevent disputes related to property, the following factors should be taken care of.
Care should be taken while buying the property before checking whether the property has been acquired through proper transfer of title and how the property was acquired by the owner.
It should be carefully checked that the dimensions of the property are clearly correct in patta and chitta.
You have to check whether the boundaries of the property are correct or after you buy the property, another person is more likely to usurp your land as this is my place, it is 10 feet behind the boundary of your property and then you will have to go to court and have to litigate for many years.
A fence should be erected immediately after purchasing the property to avoid unnecessary encroachment disputes.
The property is in your hometown and you can hire a caretaker on contract to look after your place when you are out of town.
It is better to have agreements in place while leasing the property which will help avoid unnecessary problems and disputes later on.
When renting an immovable property like a house, it is advisable to have a tenancy agreement in place.
Care should be taken while writing the power deed to buy and sell property and if not, the person who bought the power is likely to be cheated, so it is better to consult a real estate lawyer in such a situation.
How to resolve property disputes?
In India, there are two ways to resolve property disputes :
Arriving at a mutual settlement through negotiation.
Seeking a solution by filing a case through the court.
Arriving at a mutual settlement through negotiation?
Property disputes between family members can be resolved through mediation. Property related issues can be settled through reconciliation through elders in the family or through relatives, if they are not reconciled, if a case is filed in the court, it will take many years to settle the case because the family can take a clear decision as a compromise.
When dividing any movable and immovable property in the family, sit down all concerned and take a mutual decision and make that decision as a contract and sign it, according to which everyone should hold the movable and immovable property. Through negotiation, the family can divide the property without any problem.
If you and the owner of your neighboring property have a land-related problem related to your property, you can also resolve it through negotiation, if there is a border dispute between you and the owner of the neighboring land near your land, you can resolve it through negotiation, but if you know that the problem will not be resolved, you Court can be approached. A complaint can be filed at the police station when a land dispute between third parties escalates into a dangerous fight. You must file a case in court to assert your rights over the land.
It is best to consult an attorney and seek legal advice to resolve your property related issues. If a mutual settlement of immovable and movable property disputes cannot be reached through negotiation, there is no alternative but to approach the courts.
File a lawsuit through the courts and seek a settlement?
When the property disputes cannot be reached through mediation, the aggrieved persons can file a case in court to seek justice.
Case :
Litigation is nothing but an approach to court to resolve property disputes. This involves lawyers, court costs and often considerable delay. Generally unrelated parties seek litigation in the first instance. Litigation involves court processes and procedures and can take a long time to resolve a dispute. Only go to court if you have all the documents, including the title deed, and your lawyer advises you that you have a strong chance of winning. Sometimes courts order parties to settle out of court. This is a court-monitored remedy.
Possible property dispute between brothers?
Property disputes between brothers are one of the most common property disputes in India. In India, there is a belief that the male child inherits the property. But the problem arises when there are two or more boys. Siblings often fight among themselves over the division of property, especially if the parent did not leave a will. Such disputes are resolved by applying the applicable inheritance and succession laws.
Property disputes account for more than half of the pending cases in India. Property laws and surrounding case laws govern property disputes. Despite clear laws, such disputes can drag on for years. Since land is a valuable asset in India, disputes are more likely to arise. Therefore, you should always draw up contracts before engaging in any property transaction. Write and register wills during your lifetime so that your children don’t get involved in property disputes. It always reduces ambiguity and thus avoids disputes.
Conclusion :
In conclusion, property disputes are common in India and can be very complex and time-consuming to resolve. However, with the right attitude and willingness to settle, property disputes can be resolved fairly and equitably. Some of the main ways to resolve property disputes in India include negotiating a settlement through mediation, filing a civil suit in court, or using alternative dispute resolution mechanisms such as arbitration or conciliation.
It is important to seek the guidance of legal experts and consultants to understand the intricacies of property law in India and to explore various options for resolving disputes. By taking a proactive and collaborative approach, individuals can avoid the stress, expense and uncertainty of protracted legal battles and reach a satisfactory resolution that benefits all parties involved. Ultimately, the key to resolving property disputes in India lies in an open mind, a willingness to compromise and a commitment to finding a mutually acceptable solution.