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In India, property disputes are extremely common and have serious personal, familial, and professional consequences. Disagreements over succession rights, demarcation concerns, encroachments, fraudulent documents, and disputes with developers are serious challenges for many. Population growth, urbanisation, and rising property prices are exacerbating these issues. Many cases are languishing in court for years, causing emotional stress and financial loss.
Finding appropriate legal solutions for these disagreements is critical. This article has provided information on the major property disputes in India, their causes, legal consequences, and available remedies—so that citizens can receive appropriate guidance when seeking justice.
Disputes over the division of family property are common in India. Family members often quarrel, especially when there is no will or when inheritance rights are unclear.
Main causes :
Lack of a will or ambiguous will.
Increased the number of heirs.
Inequality of division.
Misunderstanding surrounding property transfers.
Legal remedies:
Make a will: A will is critical to ensuring a clear division of property after death.
Division based on inheritance laws: The Hindu Succession Act, Muslim Law of Inheritance, and Indian Succession Act are all relevant.
Mediation and Settlement: Many families settle their disputes out of court.
The judicial process: If no agreement is reached on the division, a lawsuit may be launched in court.
Tenant-landlord disputes occur often in India. These are primarily the result of rental agreement infractions, late rent payments, or unwillingness to depart the property.
Main Causes:
No rental agreement or an invalid one.
Not paying rent on time.
The Landlord is attempting to evict the renter without legal notice.
Legal Remedies:
Forming a rental agreement: A legally registered agreement is the most effective way to avoid disputes.
Rent Control Laws: Several states have rent control regulations in effect.
Court Litigation: Both the landlord and the renter can launch a court case to seek protection.
Many issues emerge while acquiring a property, including not obtaining the flat on time, poor building quality, and the imposition of additional fees.
Main Causes:
Violation of RERA rules.
Noncompliance with the contract terms.
Misleading homebuyers.
Legal Remedies:
File a complaint under RERA: Homebuyers can complain to the Real Estate Regulatory Authority (RERA).
Registering a consumer complaint: Home buyers have the right to seek compensation under the Consumer Protection Act.
Judicial Proceedings: A contract breach can result in a legal case.
When a neighbour or an unauthorised person encroaches on one’s property, it sparks a major legal dispute.
Main Causes:
Unclear boundaries.
Encroaching on public land.
Seizing land with fake documents.
Legal Remedies:
Complaint to the Revenue Department: Demarcation can be completed, and necessary action taken.
Police Complaint: Unauthorised encroachment may result in a criminal charge.
Court Proceedings: If the intrusion persists, a lawsuit might be launched to establish property rights.
In rare circumstances, individuals attempt to sell or transfer property using fraudulent paperwork.
Main Causes:
Selling property using fraudulent documentation.
Multiple sales for the same property.
Claiming false ownership of land.
Legal Remedies:
Proper Verification Before Purchase: Request a ‘Search Report’ from a legal advisor.
Police Complaint: If fraud occurs, a criminal complaint can be made.
File a court case: In fraudulent circumstances, a court case might be initiated to prove that the documents are phoney.
Sometimes the government purchases land for development initiatives. However, sufficient compensation is not paid, and malpractice occurs.
Main Causes:
Not receiving adequate compensation.
The government is not providing proper notification.
Forced acquisition.
Legal Remedies:
Claim under the Land Acquisition Act: A lawsuit can be brought in court for proper recompense.
File a Public Interest Litigation (PIL): If an unfair purchase has happened, a PIL may be filed to seek justice.
Seeking experienced legal guidance is critical for avoiding and resolving property conflicts properly. At such times, seeking the advice of Adv. Abdul Mulla, the author of this article, through www.asmlegalservices or www.lifeandlaw.in can be extremely beneficial.
Disputes are often caused by a lack of legal paperwork, ignorance of the law, and erroneous agreements. All issues concerning land ownership paperwork, inheritance rights, sale agreements, and property transfers can be resolved with the assistance of a legal practitioner or legal advisor. Furthermore, in the event of a dispute, legal guidance assists in determining the best alternative between mediation, settlement, and judicial proceedings. As a result, it is critical to seek legal counsel during every property acquisition to avoid future disputes and financial losses.
Property conflicts are common in India as a result of ambiguous ownership, documentation problems, and inheritance issues. These challenges damage family relationships, delay legal resolutions, and result in financial losses. To avoid such complications, it is critical to keep accurate records, prepare a will on time, and obtain professional legal assistance.
It is recommended that you consult with a legal practitioner like Adv. Abdul Mulla via platforms such as www.asmlegalservices or www.lifeandlaw.in. Preventive action, making early choices, and choosing mediation over litigation can all help to avoid lengthy and costly legal fights.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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