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BY erealto | 05-12-2018

How to resolve a property dispute in india

Property is one of the most disputed legal issue in india . A property dispute refers to any legal dispute involving real property ,also known as real estate. Real property is immovable property attached directly to the land. Property disputes may involve the following parties , including but not limited to : • Neighbours • Landlords and tenants • Homeowners association • Government agencies • Trespassers • Family members • Property visitors Because of the potential numerosity of parties and disputes involving real property, property disputes make up a large portion of legal claims filed each year. In many cases, legal remedies may include a damages award to cover the plaintiff’s losses, or an injunction ordering one party to remedy a property defect or preventing a party from doing something on his or her property (such as building a spite fence). Common types of property disputes : • Illegal possession of property : Disputes may arise regarding the possession of property when it is claimed that a property is not possessed lawfully or if the person in possession of the property is not authorized to possess the same. The applicable laws in this matter are given below. An aggrieved person can intiate a lawsuit under the followings laws : 1. Transfer of Property Act , 1882 2. Indian contract Act , 1872 3. Indian succession Act , 1925 4. Hindu Succession Act , 1956 5. Muslim Succession Laws 6. Indian Evidence Act 7. Rent Control Laws 8. Land Revenue Act 9. Specific Relief Act , 1963 10. Code of Civil Procedure , 1908 in cases of trespass • Title Disputes : Any person or persons may challenge the registration of a property in the name of another person or persons. Having title to a piece of property generally means that a person actually owns the property described on the deed . In these types of disputes the following laws are applicable : 1. Transfer of Property Act , 1882 2. Indian Contract Act , 1872 3. Indian Succession Act , 1925 4. Hindu Succession Act , 1956 5. Muslim Succession Laws 6. Rent Control Laws 7. Registration Act , 1908 • Rental Disputes : Landlords and tenants disputes regarding possession of property , rent dues or terms and conditions of the rental agreement. An aggrieved party can bring a legal action against other party under the following laws : 1. Rental Control Laws 2. Indian Contract Act , 1872 • Contractual Disputes : Disputes between two parties who entered into an agreement or signed a contract for use , sale , transfer , development , etc. , of an immovable property will be contractual disputes. The following laws are applicable in these type of disputes : 1. Indian Contract Act, 1872 2. Specific Relief Act , 1963 • Disputes with cooperative societies : Disputes between owners of flat or buildings within a cooperative society and the society regarding non-payment of dues , non recognition by the society of the member’s right / demands , allegation by member of mismanagement of the society , etc . In these matters the aggrieved party can intiate lawsuit under the following laws: 1. Specific Relief Act , 1963 2. Cooperatives Society Act of the concerned state • Dispute between buyers and developers : Allegations by buyers of property about misleading or cheating by builders or allegations by buyers about non- delivery or delayed delivery of property by builders with or without claiming compensation , not conveying the title to the land to the society etc. In this situation the victim party can brings a lawsuit against the other party under the followings laws : 1. Specific Relief Act , 1963 2. Transfer Of Property Act , 1882 3. Consumer Protection Act , 1986 • Disputes between borrowers and banks : Disputes about the validity of the mortgages created , amount claimed by the bank from the debtors / guarantors , possession taken / to be taken by the bank and / or disposal of the property by the bank for non – payment of dues by the borrowers. The followings laws are applicable in these type of matters : 1. Banking Ombudsman Scheme 2. Consumer Forums Mechanisms 3. Transfer Of Property Act , 1882 4. SARFAESI Act 5. Stamp Act , 1899 6. Registration Act , 1908 • Dispute between developer and Local Civic authority like Municipal corporation , Jal Board , Electricity Board etc. : Local authorities objecting to developer’s inability to adhere to rules and regulations as specified in the master plans or terms of approval given to the builder. Disputes may also arise due to denial of necessary permissions to the developers without valid reasons . In there type of circumstances an aggrieved party can approach the court of law under followings laws : 1. Indian Contract Act , 1872 2. Right to Information Act , 2005 • Execution suit : One of the unsavory events arising during a property transaction can be when the vendor of a property who initially had agreed to sell his / her property to the purchaser at an agreed sale consideration , changes his /her track. The party that is affected i.e. the purchaser has every right to file a suit against the vendor for specific performance of the agreement. If the court finds the claim valid , it may adjudicate and pass an order for execution of the sale deed in favour of the purchaser. The lawsuit can be initiated under the following laws : 1. Indian Contract Act,1872 • Declaratory suit : Suit for situation where title to the property is challenged or found to be questionable or defective. The circumstances makes it necessary to get an order from the court on the title by filing a declaratory suit in a court of law. One can file a suit under the followings laws : 1. Transfer Of Property Act , 1882 • Partition suits : This will prevent the illegal occupant of the property from interfering with the possession and occupation of the property by its rightful owner. The partition suit can be filed under the following law : 1. Transfer Of Property Act , 1882 • Money Suits : If one has lent money on the security of an immovable property by way of mortgage , and wants to realize it , he /she may have to file a suit for recovery of the money due from the mortgagor. If that fails to m aterialize ,he /she may sell the property mortgaged for realizing the money. One can initiate legal proceedings under the following laws : 1. Rules and regulations related to mortgages. • Disputes between quasi- judicial authorities : There are different types of litigations concerning land revenue , land acquisitions , title document , etc. which are heard and disposed of by several quasi –judicial authorities . • Writ jurisdiction : Writ jurisdiction may be invoked against the decisions of the government affecting one’s property rights by filing a writ petition in the High Court concerned or in the Supreme Court for appropriate relief . If you are a customer of eRealto.com then the company will provide you free legal aid through its legal department about any property concern .

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