Property disputes pertain to disputes that occur in the real estate industry. The parties involved in these disputed can be either the buyer or the seller of a particular property, or can be the landlord or the tenant. The most common reasons for these disputes include to name a few the issues related to the title or possession of the property or can be for the maintenance of the property. These issues are usually complicated due to the involvement of the huge sum of money and the complicated legal structure governing these disputed. These disputes often tend to take a mental toll on the individuals along with their families. In these situations, seeking legal advice on property dispute law becomes an advisable course of action as the knowledge a commoner can possess will be limited. Keeping the complexity of the of the governing legal structure and various compliances as well as the due diligences involved to resolve these disputes, the knowledge of an legal expert on property disputes plays an very crucial role.

In India, The Transfer of Property Act, 1882 and the Succession Laws govern the property dispute law. The understanding of these laws is an essential factor when dealing with the disputes related to property. This is where the expertise and knowledge of a legal professional comes in. These issues related to property are majorly dealt in the civil courts of the country, however, these disputes can also be resolved through an outside court settlement which involve alternate dispute resolution methods like Arbitration or Conciliation. A few of these issues can also be resolved by Negotiation or Mediation for which a lawyer for land dispute plays the most important role.

The legal professional does not only represent you in court but also will help you decide on the possible further course of action while giving advising relating to minimizing the loss.

Common Types Of Property Disputes

Conflict Over The Title Of An Immovable Property

The conflict over the title of an immovable property is likely to occur due to a fraud in the real estate industry and can involve falsifying of documents relating to the sale of the property or misrepresentation by any party as the lawful owner of the property. In many instances, these disputes occur due to lack of knowledge or ignorance of the laws relating to a property. Many of these disputes can be avoided by conducting a title search before acquiring the property which is conducted by a legal professional.

Breach Of Contract

Every transaction has pre-decided terms and conditions of execution and involves a legally binding contract agreed by both parties to the contract. This contract states the terms of the sale or the lease. If either of the party fails to live up to the terms of the contract, it amounts to a contract breach. In case of a contract breach, the affected party and seek legal help and obtain the damages and cost the party has suffered.

Issues Related To Possession

In the real estate industry delay in handing over the possession of a property by a builder is a common occurrence. This can cost a lot of financial and mental distress to an individual. In these instances, the individual can approach a legal professional for advice and further action.

Issues Related To Inherited Property

Transmitted property is a property transferred by the law after the death of an Individual or through a will. These disputes are often witnessed amongst the members of a family. In many instances, the distribution of the property is my execution of the will therefore the ownership is predefined and does not involve additional involvement of administrative procedures. In situations where the diseased has not put down the manner of the distribution of the property, the same is distributed as per the law. These disputes can be solved by mutual agreement, however if they are not the parties can approach a legal professional.

Issues Related To Rented Property

In cases of rental properties, the landlord can face issues which may involve non-payment of rent or delay in payment of rent. Many a times evicting the renter becomes an hassle for the landlord. These issues often require legal intervention.

Importance Of Legal Re-presentation

When the property dispute law get too complicated for an individual to handle by themselves the individual should seek legal help. The role of the lawyer for land dispute is not limited to only representing an individual in the court but also can help an individual in the following ways-

Pre Purchase Advisory

This involves conducting title verification search which is essential step in verifying the title of the land before purchasing the property. A legal advisor will also help in drafting a well-rounded contract to narrate the terms and conditions of transaction. Knowing the proper course of action before proceeding with the transaction can minimize the possibilities of fraud or other disputes at a later stage.

Advisory When The Dispute Is Likely To Arise

When a property is in dispute, it is difficult for an individual to deal with it by themselves due to the involvement of money and the related mental distress. A legal professional is aware of the possible courses of actions and therefore can advise better which will help in minimizing the loss and damage. The expertise and knowledge of an legal advisor shall contribute to resolving the dispute.

Guiding The Way Towards Dispute Resolution

The understanding of these laws unnecessary for dealing with any dispute relating to property. An individual doesn’t always have to go to the court for resolving a legal dispute. Most of the disputes can be solved through Arbitration or Conciliation. However, if the dispute cannot be resolved through this, the parties then can approach the court. A legal profession will be essential to represent an individual in either of these course of action.

How To Find A Qualified Legal Professional

Experience And Knowledge

An experienced and knowledgeable lawyer for land disputes is a central for getting any legal advice on property disputes. The experience and knowledge of a lawyer should be considered before the lawyer represents you. it is a essential to know if the lawyer has an extensive and experience with similar dispute as you are in.

Ability To Understand The Dispute Along With The Needs Of An Individual

Understanding of the dispute for effective execution and problem-solving is essential therefore a legal professional who is able to comprehend the dispute along with what you are seeking is essential.

Recommendations And Reputation

Recommendations and reputation of the legal professional who has dealt with similar cases as yours should be considered. Client testimonials and recommendations will certainly add on to the choice of a professional

How Can NRI Legal Help In Resolving Property Dispute Issues?

NRI Legal has the best team of the experienced and knowledgeable legal professionals that can help you in resolving the legal disputes. NRI legal has the reputation of providing the best legal consultation to the client and understanding the position of the client. NRI legal also has the necessary resources, support, staff and experts in the team to deal with issues relating to property disputes efficiently. To know more about the team of legal experts NRI legal visit the website.

Conclusion

Property disputes are often time-consuming and require expertise. This can be resolved through a court proceeding or alternatively through negotiation, mediation or arbitration. It is important to get the right advisory. The ultimate goal of an legal professional is to resolve a dispute while minimizing the losses for an individual. A proper legal re-presentation therefore is the most essential factor while resolving property disputes.

FAQs

1. Which Civil Law Deals With Property Disputes?

There is no single civil law that deals with property disputes. A property dispute is always a bundle of violations of different aspects of the civil law, which can involve the succession laws, the property laws, the contract law, the law of torts amongst other civil laws. In certain circumstances relating to property disputes criminal laws or violated as well.

2. What Are The Way To Resolve A Property Dispute In India?

A property dispute in India can be resolved through settlement, negotiation, mediation, conciliation or arbitration. The disputes can also be resolved by filing a civil suit in the court.

3. How Do I Dispute And Sister Property Between Sister And Brother?

The disagreements between a brother and sister are often related to the ownership of the property. These disagreements can be solved by mutual agreement and discussion or if both parties are unable to reach a mutual conclusion one can seek legal advice.

4. Can We Sell Property Which Is In Dispute?

No, a property in dispute cannot be sold, unless specifically authorized by the court wherein the dispute relating to the property is being heard. If the property is sold without the permission of the court, it would be invalid.

5. What Is A Landlord Tenant Conflict?

Landlord tenant conflict is a conflict between the landlord and tenant which is a very common issue in India. This may include dispute relating to the rent, payment or maintenance of the property or eviction of the property etc.