Property disputes are prevalent in India, particularly in states like Chennai, Maharashtra, Delhi, and Bengaluru, where property rights have grown and are expected to grow even more. Similarly, for decades, the number of wars fought over wealth has risen from low-income households to the upper echelon. Such disagreements take time and often culminate in litigation (property line disputes), with each case having its level of difficulty.
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What are property disputes?
A property dispute is a sort of legal disagreement involving real property. Disputes over property lines (boundaries disputes), liability for construction repairs, blocked vistas, legitimate ownership, zoning concerns, and who is at fault for property damage are all common causes of property disputes.
Any sort of real estate, from houses and flats to vacant lots and roadways, might be the subject of a property dispute. Property litigation might involve a variety of people, including:
- Homeowners
- Landlords
- Tenants\Neighbours
- Trespassers and tourists to the property
- Members of the family
- Associations of homeowners
- Governmental organisations
Common types of property disputes
Property Disputes Caused By Breach Of Contract
A contract is involved whenever real estate is purchased, sold (dispute property for sale), or leased (disputes between landlord and tenant). Tenants agree to pay their rent on time and follow the conditions mentioned in the lease; landlords agree to provide maintenance and allow the tenant to use the property; homebuyers agree to pay a specific sum to the seller in exchange for the property’s rights as per property dispute law. If someone fails to fulfil their obligations, they may be found in breach of contract, and the other party may seek damages to compensate them for their losses.
Property Disputes Real Estate Fraud
In any sector, including real estate, fraud can occur. Real estate fraud is when one party to a transaction deceptively promotes their property and injures another party, such as by suppressing facts regarding the property’s condition. Make sure to avoid any disputed property.
Read: Maharashtra Ready Reckoner Rate 2024
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Disputes Over Boundaries – Boundary disputes with neighbours
When there’s a disagreement about where the property border is, it’s common for neighbours to get into fights. Property lines are frequently not marked, or a practical property line exceeds the legal line. Read further to know more about the land dispute between brothers.
Disputes Between Co-Owners (Joint property ownership disputes – family disputes over property)
A land dispute between brothers is a common phenomenon in India. More than one person owns some real property. A co-owner conflict can occur when co-tenants, joint tenants (property dispute between brothers and sisters), or partners disagree on a property problem. A co-owner who pays more than their fair share of property expenses (property dispute between husband and wife), for example, may be able to claim a lien against the other co-interest owner if the property is sold. Joint property disputes must be avoided at all costs.
Disputes over specific performance properties
When a party to a real estate transaction fails to perform a material action stipulated in the contract, a specific performance property dispute (land dispute law) might develop. Unlike other types of contract disputes, particular performance requires the breaching party to fulfil their obligations rather than attempting to settle the disagreement via the use of money. When the contract’s subject is unique or the exact amount of damage is unknown, courts frequently allow specific performance.
Causes of property disputes
Family property disputes come in a variety of forms. The majority of the centre of the disagreement on the immovable property’s title. The phrase “a person has a good title to the property” means that the individual has the right to enjoy the property’s rights or interests, including ownership, usage, and rental revenue. You must provide appropriate documentary evidence to prove the property’s title.
Read: What Is Bhulekh Up, And How to Use It?
Claims from legal heirs (family land disputes), co-owners, conflicts over easement rights, incorrect representation by the seller, poor description of the land in the title deed, and other factors sometimes lead to property issues. A disagreement may also emerge if a party to the transaction refuses to perform his part of the contract after receiving the earnest money or advance money and approaches another buyer for consideration. In this case, the prior purchaser can go to court and contest the property’s title. There may also be disagreements over developer delays in delivering possession of units to buyers.
When a property is obtained by a gift or a will, another common disagreement emerges. In such instances, a party may argue that the process of transferring property via will or gift is invalid under the law. When a purchaser buys an inherited property without knowing that it is an inherited property, problems can emerge. Conditions of the will, probate, letters of administration, or succession certificate may apply to inherited property. Law for land dispute is there to maintain law and order in any situation.
Read: Property Rights of a Female in a Live-In Relationship and The Factors Influencing Them
How to avoid property disputes?
Search for a title
Conduct a comprehensive verification and study of the property’s title records for at least 30 years before purchasing it. An advocate or a reputable title investigator usually conducts the title search and property verification. Check to discover if the property has been approved by major banks as another approach to ensure that it is legally sound. Only properties with legal clearances and legitimate paperwork will be approved by banks.
Plans that have been approved
You should request the approved plan from the builder and compare it to the actual built-up area. This is necessary since, in many cases, the sanctioned plan does not correspond to the built area, and such a structure is considered illegal.
Inheritance
Ensure that the beneficiary’s name is changed in the required government or revenue records before investing in inherited property, depending on the type of the property. Ascertain that such a property was transferred with the necessary proof of inheritance – such as a will, probate, letter of administration, or succession certificate – or by any mutual agreement. If there isn’t a will, make sure the property is allocated according to the applicable succession laws.
Read: The Impact of Right of First Refusal (ROFR) in Real Estate
Dates for the sale deed
Make sure the date on the stamp papers corresponds to the date of the title document transfer.
Approvals from the city
Ascertain that your house plan has received all of the necessary permissions from the municipal corporation’s various departments. Check with the proper departments to see if any licences are required.
How to resolve a property dispute?
You have two options for resolving property disputes: mutual understanding and negotiation or going to court. Here are some strategies for avoiding or resolving a property dispute:
Make use of signs or build barriers.
If you live in an area with a lot of open space, using fencing or putting up a sign that says “private property” can assist. These areas may eventually be encroached upon. Intruders would be prevented from entering your property without authorization by using tags or erecting fences around it. This would also lessen the likelihood of a disagreement.
Any land surveyor can be contacted.
A land surveyor has more knowledge than the average person and can assist you in better comprehension of your property boundaries. A land surveyor may help you determine the exact length of your property line so that you and your neighbour do not find yourselfin a legal battle.
5 Elements of Property Investment in India
The quantity of property disputes in India is staggering. Property conflicts account for only about 66% of the cases pending in India’s civil courts. Three-quarters of all cases heard by India’s top court are linked to the same subject. Because land is so important to the development of a developing country like India, which also happens to be the world’s second-most populous country, finding answers to this problem is crucial for us as a nation. If an individual is cautious while getting into property transactions, a lot can be accomplished.
Risk Profile And Financial Capacity
It’s crucial to choose an investment strategy based on your long-term investment objectives. To do so, you must first determine your financial situation and capacity to purchase an investment property, as well as the level of risk you are willing to take as an investor.
It is suggested that you seek the advice of a skilled financial investment advisor. Cost-effective obtaining guidance can sometimes be costly in the long run. Spending a significant amount of time researching a property is the key to making a more complicated, reliable, and intelligent investment.
Property Investing Group
A successful property investing plan and portfolio requires a lot of combined knowledge. The importance of finding investors with a personal track record in property investment cannot be overstated. Accountants, financial advisers, and mortgage brokers are all examples of investment advisers.
People who are unaware of your interests should be avoided. Property promoters and armchair experts are often uninformed of market fundamentals, which can have a significant impact on your investment.
Property Market of Choice
Once you’ve decided on your investing approach, you’ll need to figure out what kind of area would be ideal for buying your dream home. While there are numerous properties on the market at any given time, they may not be the best investment in terms of location for your property. Certain places must be chosen based on their geography, potential capital, and demographic makeup. Never invest in a property only based on whether or not you wish to live there.
Make the best property investment you can.
After you’ve determined the area, consider the type of property that will best suit your investing strategy. Always keep in mind that no two roads or lanes are alike. Properties near hospitals, lakes, schools, metro stations, and other facilities will be in higher demand and hence dominate when it comes to selling in the future. For example, when investing a large amount of money in a new neighbourhood, there are two elements to consider: walkability and ease of access to essentials.
Property value
You must also ensure that you do not overpay for your property once you have identified the appropriate criteria. The best alternative is to hire an investment specialist in the sector who is familiar with the area and can give you an estimate of how much the property is worth.
Successful property investors understand that their study of the land does not cease after they have purchased it; instead, they must do an annual review of their performance to ensure there are no potential hazards. This contains details such as how to establish your investment ownership and manage investment debt.
Conflicts arising from unsatisfied beneficiaries who may have received a smaller portion of the property are the most common sorts of property disputes. Property taken by illegitimate means, such as forcible possessions, complaints and cases, forgery, and so on, can lead to disputes. Taking the matter to court is the only way to solve such a dilemma. Property disputes (real estate litigation), on the other hand, can last for years or even decades in the courts, from the lowest to the highest levels. However, reaching an agreeable agreement will help to address such conflicts to some extent. Need more info on this matter? Head to the NoBroker Forum for all your answers.
FAQ’s
Q1 What is the best way to resolve a boundary dispute?
Ans. Talking to your neighbour about a border conflict can help you resolve it. It’s best to identify your property’s limits and settle the matter amicably. If things get out of hand, you can file a complaint with your local police station.
Q2 Is it possible to sell a contested property?
Ans. No, until the matter is resolved, a contested property cannot be sold.
Q3 Is it possible for my neighbour to claim my property?
Ans. A neighbour can only claim your land if they have been allowed to live on your property or have a portion of it for more than 12 years without your permission. This could lead to a sense of entitlement toward your neighbour.
Q4 Are property disputes between two brothers easily solvable?
Ans. Property disputes between brothers, property disputes with a stepmother or property disputes between mother and son are all easily solvable. Follow the records of the land to avoid any hindrances in the future.
Q5 What is a land dispute?
Ans. A land dispute is a quarrel between two or more parties over land rights that is focused on a specific piece of land and can be resolved within the existing legal framework. Land disputes may or may not be indicative of a larger land war.
