People today are investing huge amounts in the land as they believe properties will rise in value without much depreciation. This belief has pushed a huge population to look for real estate properties and purchase them at once. But the hurry to circumscribe a land property at times blindfolds the buyers thus leaving them in many disputes. In the urge to not miss a property, buyers miss to verify and cross-check the property details which later on after even decades can rise into property disputes.
This article will have a clear view of what property disputes are, along with their types, causes, solutions, and so on so that the future purchasers of land properties get beneficial.
| TABLE OF CONTENTS:What are property disputes?Common causes of property disputesProperty disputes due to breach of contractProperty disputes due to real estate fraudsProperty disputes over family propertiesProperty disputes over boundariesHow to resolve property disputes?SettlementLitigation Tips to avoid property disputesConclusionFAQs |
What are property disputes?
India is a land where people continue to purchase and sell real estate properties, i.e., land without buildings, land with buildings, etc. If any legal disagreement arises in the case of these real estate property purchases and sales, at the time of sales or after, then it is considered property disputes.
As the people flock towards places where lands are sold at stooping low costs, at times the sellers take advantage of the buyers and end up settling problematic properties on the buyers. Later on, the buyers become sufferers and have no space to enjoy the feel of their own property.
On the flip side, property disputes can also arise among the family. If the property is a heritable property generation after generation, there may arise disputes among the heirs who have authority over the inheritance of the property.
Property disputes in India are a very common scenario as the police stations and civil courts constantly engage in handling these disputes every day. People at times get frustrated without the proper knowledge to handle such disputes even when they have valid reasons to win over. In such conditions, the best advice would be to hire lawyers who are legally trained and have enough experience to scrutinize every nook and corner of the dispute to solve it in favor. There are many legal firms like Lex solutions, that provide professional legal support in property disputes.
Common causes of property disputes:
Property disputes arise due to various reasons. Here is a brief idea about the most common types of property disputes in India in which legal firms like Lex solution can be sought for support:
Property disputes due to breach of contract:
Whenever a property is purchased, sold, or leased, a legal contract is signed between the two parties involved. The contract can involve details about the land, the value of the land, and so on in case of sales or it can include the facilities that can be provided by the owner side for the lease or the conditions that have to be maintained by the tenant along the duration of lease.
If anything mentioned in the contract is subjected to failure then this kind of property dispute is considered a breach of contract.
In these circumstances, most people can settle among themselves by negotiation or can hire lawyers to aid them in handling the dispute. Certain legal firms like Lex solutions provide extraordinary civil lawyers to handle these cases.
Property disputes due to real estate frauds:
At times, when people purchase the property they miss out to enquire and clarify about the legal background of the property. In those cases, the seller may hide any legal complications in the property or can even sell a property with fake documents for the property that doesn’t even belong to them. These kinds of property disputes are considered due to real estate fraud.
In these cases, the dispute can be sorted out only through the courts by failing legal cases against the respective seller. These cases require the best lawyers for property disputes to properly litigate and win over the case.
Property disputes over family properties:
The two most common property disputes are as follows:
- When the inheritable property moves to the next generation, a dispute might arise among the legal heirs in sharing the property with mutual consent. In these cases, a civil lawyer can help in allocating and dividing the property among the heirs according to Indian law.
- When the seller buys a property without knowing it is an inherited property, a dispute might arise if they had bought the property without the consent of all the legal heirs.
In both cases, the property dispute requires a solution that leaves no way for problems in the future. Hiring an expert legal team at legal firms like Lex solution can help negotiate the case at the regional level peacefully and the worst-case scenario will aid in charging litigation under the civil courts.
Property disputes over boundaries:
At times, demarcating the boundary of the property purchased can create a ruckus with the neighbors. Neighbors might claim a piece of the property within our boundary. These kinds of property disputes are considered boundary disputes.
Boundary disputes can be solved either by negotiation or by requesting land surveys to demarcate the boundary. If not resolved, the person can file a title lawsuit requesting the judge to finalize the boundary limits.
How to resolve property disputes?
In India, property disputes are resolved in two common ways as mentioned below:
- Settlement
- litigation
Settlement:
A settlement kind of resolution is implied in property disputes among the family members mostly. Usually, it is executed by having all the responsible individuals for the property dispute. Discussions are put forward among them and finalized decisions are made which are later documented legally in bonds to avoid future disputes.
In the settlement circumstances, if the involved parties feel the problem doesn’t settle well among themselves, they can invite a third party for negotiation or hire lawyers like a property lawyer in Chandigarh to negotiate among them on a smooth note.
Litigation:
Litigation is the process of approaching the courts for filing civil cases against the opposite party and seeking the legal head of the courts to provide a valuable verdict in the case.
Litigation is always considered a second step in property disputes, as people first give a try for settlement. In case of litigation, it is absolutely necessary to hire the best lawyer for property disputes to hold the case in favor.
Tips to avoid property disputes:
As the number of property dispute cases keeps piling up in the course, it is necessary to know certain tips to not budge into the trap of it.
- Conduct a comprehensive verification of the property in legal terms for at least the past 30 years to get clarity. You can seek legal firms like Lex solutions who can help in this conduit.
- In case of purchasing a building, seek an approved plan from the builders to avoid any future property disputes.
- Cross-verify if the property is inherited. If in case yes, then make a detailed verification about the legal heirs and make sure that the mutual consent of the heirs is included in the sale of the property.
- Make a thorough reading of the contract or the bond paper of the property before buying or leasing the property to avoid future disputes.
If you are a person who has no experience in following the above-mentioned tips, you can hire legal teams like Lex solution who provide exclusive legal support in buying properties, settling property disputes, and litigation of property disputes.
Conclusion:
Buying a property is no easy deal, it requires a lot of money which in turn is earned by shedding sweat. So it is essential to verify the legal background before purchasing any property to avoid future disputes. At times, people might get deceived by the clever nuances of the seller. So it is always advisable to hire the best lawyers to work from your side while buying properties. Legal firms like Lex solutions stand on top in offering remarkable legal services in terms of property purchase and property disputes.
FAQs:
- Is settlement a legal practice for property disputes?
It is partially yes and partially no. Settlements don’t involve any legal proceedings as it is just negotiation but can end with proper legal documentation following a smooth settlement.
- Can someone sell a disputed property?
No, selling a disputed property is legally offensive in India.
- How often does settlement work in case of property disputes?
The chance of settlement working in case of property disputes is higher if the dispute is among the family members while settlement is not favorable in most property disputes in the outer ring.
- In which court should property dispute litigation be filed?
Property dispute litigations should be filed in civil courts. Civil courts are responsible for property-related case handling such as eviction cases, boundary disputes, etc.
- What should be considered while hiring the support of a legal firm in case of property disputes?
While hiring legal firms for property disputes, one should check whether they have experience in handling property disputes, previous success records in property disputes, and fee estimates for handling the case.
