Lawsuits for Property Disputes

Updated on July 08, 2024 08:08:59 AM

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.

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What is a Property Dispute?

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.

Types of Property Disputes

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.

The procedure of the Motor Accident Claim Tribunal

The complete procedure of the Motor Accident Claim Tribunal is as follows:

Step 1: Seek Legal Guidance

The first step in resolving a property dispute is to get legal counsel, such as Litem Legalis. We will provide you with an initial evaluation of the problem, clarify legal rights, and recommend the best course of action. This may include gathering needed documents, such as property deeds, contracts, and communication records, to assist in the development of a case.

Step 2:Mediation and negotiation

Before resorting to formal legal actions, many property issues can be settled through negotiation or mediation. The parties involved, together with their attorneys if essential, meet in this phase to discuss the concerns and attempt to achieve a mutually acceptable settlement. Mediation, assisted by a neutral third party, can be very successful in reaching an agreement and avoiding the expenses and time involved with court processes.

Step 3: Filing a Lawsuit

If discussion or mediation fails to resolve the problem, the next step is to file a lawsuit to begin legal processes. Depending on the nature of the issue and the jurisdiction, the specific method may differ. The plaintiff (the person bringing the legal action) makes a complaint stating the complaints, to which the defendant (the other party) answers. This begins the involvement of the court in the resolution process.

Step 4:Collecting Evidence

After a lawsuit is filed, both sides begin the investigation process. This involves sharing relevant information, documents, and evidence related to the disagreement. Depositions, document requests, and interrogatories can all be used to acquire information. The purpose is for all parties to understand the strengths and weaknesses of their respective cases, allowing for more informed settlement discussions or trial preparation.

Step 5:Trial and Judgment

The case goes to trial if the dispute cannot be resolved through settlement or alternative dispute resolution. Each party presents evidence and arguments to the court during the trial. Depending on the law and the evidence presented, the judge or jury makes the final decision. A judgement outlines how the dispute is resolved, including damages, specific performance, or other remedies.

How Can Litem Help You?

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.

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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.

Frequently Asked Questions

What is the meaning of Property Dispute?

A property dispute is a disagreement or conflict between individuals, especially family members or neighbours, about ownership, usage, or rights to real estate or land.

What types of cases are in Property Disputes?

Inheritance disputes, border disputes, confusing titles, partition litigation, landlord-tenant arguments, and challenges relating to real estate transactions or development rights are all different types of property disputes.

Are Property Disputes Criminal or Civil?

Property disputes are generally civil matters, involving conflicts over ownership, boundaries, or inheritance. Criminal charges may arise if fraud or theft is involved, but the core issue is civil.

Which civil laws for family Property disputes in India?

In India, family property disputes are primarily governed by the Hindu Succession Act, of 1956, applicable to Hindus, Sikhs, Jains, and Buddhists, determining inheritance and property distribution among family members.

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