Lawsuits for Property Disputes

A property dispute is a legal dispute related to a specific land or property. About 66% of all cases in India are property-related disputes. There are various types of property disputes. These could often arise through claims from co-owners, family, legal heirs, misrepresentation by seller, bad title of property, disputes related to property acquired as a gift or through Will, disputes related to easements rights, etc.

Wars over wealth (including property) occur across every stratum - from low-income households to ultra-rich families, hence making property disputes (within families) a common occurrence in India. The obvious solution for most is to drag the matter to the court instead of settling down. However, most people don’t realise that apart from being a tedious and expensive process, courts never guarantee a satisfactory resolution. It is, therefore, advisable to opt for a family settlement. Here are some points that will make you understand the concept of settlement better.

A property dispute is a dispute or disagreement between parties about the ownership, usage, or borders of real land. These conflicts can emerge from a variety of causes, including succession disputes, disagreements over property borders, co-ownership disputes, or violations of leasing agreements. Property conflicts can be settled by legal proceedings, negotiation, or familial agreements. Such issues have the potential to complicate relationships, have an influence on property values, and frequently need legal involvement to obtain a fair and equitable decision.

The common property disputes are as follows:

1. Ownership Dispute: An ownership issue occurs when there is a disagreement or conflict over who is the lawful owner of a specific property. This might occur as a result of confusing property titles, border disputes, inheritance issues, or fraudulent transactions. Resolving ownership conflicts sometimes entails legal steps such as documenting ownership, conducting inquiries, or requesting judicial involvement.
2. Co-Ownership Disputes: Co-ownership issues arise when two or more people share ownership of a property. Conflicts may occur around the usage, upkeep, or sale of the property. Joint tenancy and tenancy in common are two common kinds of co-ownership. Disputes might arise from uneven contributions, disagreements over property administration, or one co-owner desiring to sell while others disagree. Negotiations, partition proceedings, or legal decisions may be used to resolve these conflicts.
3. Title Disputes: Title disputes involve questions regarding property ownership and rights. During the title transfer process, defects in the property title can cause disputes, such as errors, omissions, or fraud. To establish a clean and marketable title, legal assistance, title searches, and, in some cases, quiet title actions are often necessary.
4. Landlord Tenant Disputes: In the context of rental properties, landlord-tenant issues occur. Incomplete payment of rent, lease violations, property maintenance issues, eviction processes, or arguments over security deposits are all examples of issues. Resolving these conflicts often entails knowing and enforcing the lease agreement's provisions, as well as local landlord-tenant rules, and may need legal action if a settlement cannot be achieved via discussion or mediation.
5. Construction Dispute: Construction disputes occur when parties participating in a construction project, such as property owners, contractors, subcontractors, or architects, disagree. These disagreements could involve disputes about delays, mistakes, excess expenses, or contractual violations. Real Estate Regulatory Authorities (RERA) regulate real estate and construction issues in several jurisdictions. Construction conflicts are frequently resolved by arbitration, mediation, or litigation, and may also entail pursuing remedies under RERA laws.

Litem prioritise our clients' needs, working closely with them to understand their goals and concerns in order to achieve the best possible outcome. Our team boasts extensive expertise in property law, ensuring that our clients receive accurate advice and representation throughout the settlement process. We emphasise the importance of mediation and negotiation to reach fair and sustainable agreements, minimising conflict and promoting cooperation among family members.

Resolving property disputes through family settlements requires a delicate balance of legal expertise and interpersonal skills. At Litem Legalis, we are committed to guiding our clients through this process with empathy and professionalism, ultimately achieving resolutions that prioritise family unity while upholding legal integrity. If you find yourself entangled in a property dispute, consider the benefits of a family settlement and reach out to us for personalised, effective legal assistance.