How to Settle Property Disputes in India


January 19, 2022, 5:45 pm | Updated January 22, 2022, 7:25 pm IST
How to Settle Property Disputes in India
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Property is always a major focus area for any person in any country. Property disputes are very common throughout India in every state. In India Legal System there are Laws defined to protect the interest of the individual’s right but still we have many numbers of property cases pending in our courts. Many a times such disputes are settled among families or people fight it out in courts. Later is an expensive and lengthy process. Property disputes are majorly on the ownership of the property and on its sale and purchase.

 

Why to take Legal Advice on Property Dispute

Property is governed by many laws. These laws help to define the ownership of the property clearly and also it helps the ownership transfer of property from one entity to another. Depending on the variable scenarios different laws are applicable. For your property you need to have a good understanding that which laws are applicable and whether you are aligned with it. A property lawyer can help you to understand the laws related to your property better. A lawyer can anticipate the issues which may arise in future if few things are not taken care now. So, it is always advisable to consult a good lawyer for your property before you make any decision about it.

 

How to resolve property dispute in family?

Property dispute in family occurs over the property which is owned by the parents mostly and when the property has to be transferred to the next generation. There are 2 ways to acquire a property and the two ways regulates the way laws will be applicable to them-

  • Self-acquired property
  • Ancestral property

Rights over both types of property are different. Selling and transferring of property of both categories are very different. It is very important to understand how legally these properties can be handled. When a dispute arises over a property then the question comes how to resolve them. In family, broadly there are two ways you can settle down with the property dispute.

  1. By Mutual Agreement and Discussion which is called Settlement.
  2. By going to the court means going for litigation. 


Mutual Settlement in Family

The best tip to resolve a property dispute is to resolve mutually by talking and discussion. If families can discus among themselves and clearly identify the heirs, then the overall process remains simple. When there is no agreement then comes the issue and it goes to court for resolution. Going to court will definitely help to get what you want if it is in your favour but definitely will add time and expense to it.


Litigation in Court

Litigation means fighting the case and asking the court to resolve your property dispute. This is a cumbersome process as both parties fight out with all resources to make the judgement in their favour. So, this definitely needs lot of your time and money. In India huge number of property dispute cases are pending in courts in every state.


Property dispute cases in India

Number of property dispute cases in India is growing every year. Because of infrastructural growth and development, good number of property selling and purchases are happening. There are few common disputes which are mostly seen-

  • Division of ancestral property among brothers and sisters
  • Share of girl child in a property
  • Ownership of property where 2nd marriage is involved
  • Very old property where ownership was not passed properly
  • Landlord tenant issue
  • Property selling and purchasing issues

 

How to resolve property dispute in India?

When we say property, first thing comes is what is a property. A property can be Real or Personal. Real property means land and governed by land laws, this includes land, building, house, commercial building etc. When we say personal property, this is something which we possess like car etc.

Property disputes mainly happens for land and buildings in India. There is huge chunk of ancestral lands in India which is getting passed from generation to generation. To manage these transfers and rights on the ownership of the lands, there are many laws which have come into place. Each law covers particular points which needs to be taken care while doing any transaction in India.

 

Property dispute Laws and Acts

There are many laws and acts governing the land acquisition, land transfer, land purchase, land selling. There are inheritance laws which explains how an inherited property can come from one generation to another. Again,Muslim laws are little different and need to be checked separately. There are succession laws which explain who a successor of a property can be. If you are in Kolkata, then you can connect with good property lawyers in Kolkata to validate which laws are applicable on your property and what options do you have for what you are looking for.

 

In nutshell, it is very important for you to be informed about the property laws applicable to your property. Consult good property lawyers for all documentation purpose to avoid any future dispute.


Commonly Asked Questions

i. What is the meaning of property dispute?

Property dispute means that there is a disagreement or question on the ownership of a property. Until that dispute is clear no action can be done on that property.

ii. How do to handle a property dispute?

Property laws are quite complex. Initially it is best to consult property lawyers who can inform you about the laws and can suggest how to resolve it. Your advocate will guide you if this can be settled by discussion or need to go for a litigation.

iii. Can a disputed property be sold?

It is entirely on the type of dispute. If the issue is on the ownership, then property cannot be sold.

iv. Can daughter get share of property after marriage in father’s property?

A girl child has equal rights on the property of father as sons.

 

Suggested reads for property disputes-

 

 

Written By:
Vidhikarya

Vidhikarya


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