Category Property Legal

It is difficult for a non-resident to manage Indian property from a foreign country. The procedure itself might be difficult and time-consuming. In order to protect the NRIs’ properties in India, it is also advisable to take proactive measures, such as hiring an in-country caretaker to look after the property while the NRIs are away and getting legal counsel. It might not be viable for NRIs to frequently travel to India from their home country if there are any property problems. Also, it will be costly and impractical to proceed with the journey expenses.

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One of the most common legal disputes in India is property disputes. Property disputes related to property case law, property ownership, sale and purchase of property, and other similar concerns. In India, it is not uncommon for members of the same family, particularly brothers, to argue about ownership of property. Courts are where the majority of legal battles involving property end up since there is a lack of education on other dispute resolution methods. Property disputes are frequently drawn out due to a lack of appropriate title papers as well as judicial delays. In the following paragraphs, we will discuss the many different facets of property conflicts that occur in India.

Property Disputes Law in India

There are now a significant number of unresolved property issues in India. Property conflicts can happen between members of the same family, as well as between sellers and buyers of land, and even between landlords and tenants.. Laws that govern inheritance are applied when property disputes occur among family members. The Transfer of Property Act is the piece of legislation in India that decides how property disputes are resolved. This Act serves as the legal basis for determining and resolving disputes in India and is responsible for regulating the transfer of property there. Even while disputes can arise over movable property as well as immovable property like land or a house, the majority of property disputes in India are over immovable property case law like land or a house.

There have been a number of case laws decided that have shaped the boundaries of property law in India. The decisions that are reached via the application of such case laws are frequently significant in determining and resolving property disputes in India.

How to Resolve Property Disputes in India

In India, there are two ways through which you can resolve property disputes:

• Settlement
• Litigation

Settlement:

In the event when family members are involved in the property issue, you have the option of reaching a settlement to resolve the disagreement over the property through land dispute laws in India. As part of the settlement, all of the parties involved will sit down across from one another and discuss and reach an agreement regarding the division of the assets and property. This necessitates the split of transportable property as well as immovable property, such as jewellery, in addition to the aforementioned. Occasionally, families will call in an impartial third party to assist in maintaining order and discipline during the process. A neutral third party like this can assist the parties in reaching a conclusion that is advantageous to both of them. After all of the members of the family have come to an agreement regarding how the property will be divided, you should draught a settlement agreement. This settlement agreement ought to be signed by every member of the family.

Settlement saves the costs of hiring a lawyer and court expenses. If possible, in the first instance, it is always preferable to resolve through a settlement. If a settlement is not possible or if settlement fails, then you can approach the courts.

Litigation:

Litigation is nothing but approaching the courts to resolve property disputes. This involves lawyers, court costs, and, more often than not substantial amount of delay. Typically unrelated parties resort to litigation in the first instance. Litigation involves court processes and procedures and may take a long time to resolve the dispute. Go for litigation only if you have all the documents, including the title deed, and your lawyer advises you that you have a strong chance to win. Sometimes courts order the parties to settle outside court. This is a court-monitored settlement.

Conclusion: 

In conclusion, property disputes are common in India, and they can be quite complex and time-consuming to resolve. However, with the right approach and a willingness to find a solution, it is possible to settle property disputes in a fair and equitable manner. Some of the key ways to resolve property disputes in India include negotiating a settlement through mediation, filing a civil suit in court, or using alternative dispute resolution mechanisms such as arbitration or conciliation.

The Luxia Provide Best Legal Assistant for Property Dispute

It is important to seek the guidance of legal experts and advisors to understand the nuances of property law in India and to explore the various options available for resolving disputes. By taking a proactive and collaborative approach, individuals can avoid the stress, expense, and uncertainty of prolonged legal battles and arrive at a satisfactory resolution that benefits all parties involved. Ultimately, the key to resolving property disputes in India lies in maintaining an open mind, a willingness to compromise, and a commitment to finding a mutually agreeable solution.

LuXia will work on your behalf, if you have invested in property and not getting the possession , builder is honoring the terms and conditions agreed, builder is not giving compensation as per the ruling given by Government , registration of the property without you having spent your precious time and money for getting this done and many more Legal assistance .

We have industry experts and lawyers who have knowledge and experience in the Real estate industry to guide and assist you.

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Finding a property free of any legal squabbles is a significant accomplishment. The frequency of land conflicts has increased along with the real estate sector’s phenomenal rise. Land ownership disputes have been a major cause of project delays on numerous occasions. Although the real estate law, which is being implemented in various phases throughout the country, will improve the situation for property buyers, here is a self-checklist to determine whether the property you are shortlisting is worthwhile investing in or not:

Check For The Title Papers

A property should have an unambiguous, transparent title. When purchasing a brand-new home, the construction company should own the land’s title. If purchasing a used one, carefully review the papers or consult a property lawyer to verify their validity.

Ask For Bank Approvals

Your work is halfway done if you are having the bank finance your home. The property is evaluated by banks before they approve your loan. Several banks provide on-site offers for apartment projects, which amply demonstrates that the real estate is legally vetted and has all necessary approvals in place. But be sure to read the fine print before you sign the bank loan contract.

Encumbrance Certificate

A certificate of encumbrance signifies that a property is legally free of any mortgage or outstanding loan. It also includes the previous owner of the property’s name. To determine whether the previous owner had mortgaged the property and whether all the dues had been paid, this is a crucial document when purchasing a resale property.

Tally The Approved Plan With Actual Site

Make sure you receive a copy of the approved map from the developer that has been approved by the local authorities if you are purchasing an apartment complex. This can provide you a realistic impression of the locale and any encroaching construction.

Check Out Property Tax Slips

Ask the prior owner for the property tax papers if you are purchasing a resale home. This will offer you information on two things: if the colony or region you are buying in is lawful or illegal; and whether the property is properly registered and there are no outstanding debts to the local government.

Project Has A Registered Society

A recognised society and a resident welfare association ought to be present in every apartment building. This is a legal process in and of itself, and it also provides information regarding the legitimacy of the project and the land you are purchasing.

Before you purchase a house, there are numerous tasks you must complete. You might blow through all of your savings or apply for a bank loan. Therefore, it’s crucial to consider these factors carefully and make a choice that will leave you feeling at ease.

Legal Problems of Real Estate and How to Solve Them

Every element of our life is impacted by issues, whether they be legal, personal, or professional. The true difficulty is in addressing those issues and finding effective solutions. Legal issues are among the main issues. These issues take precedence in someone’s life because of the legal component. Similar to this, you need to be especially careful because there can be legal issues with your property transactions. Some of the most significant problems that could arise during conveyance are listed below, along with the appropriate answers.

• Property ownership may be accompanied by legal issues. There are those who can fabricate documents to represent themselves as property sellers. Similar to phoney sellers, there are also fake buyers of real estate. Make thorough inquiries before engaging in any real estate transaction to avoid legal complications, or if you encounter a legal issue after purchasing the property, get the advice of an effective legal adviser to resolve your issues..
• Don’t undertake the act of presenting your case yourself as unless you are well-versed with the property laws, you may make a fool of yourself. If you are buying your property, make sure you have all the proper legal documents in place so that you are not a victim of a legal case for selling un-owned or illegal property.
• Before buying or selling a home, confirm that any liens have been paid off. If you are a buyer, be sure to pay off all of your debts on the property because this could result in a case of cheating. Consult a qualified property lawyer to ensure that all of your bills are paid and your property is free of any legal difficulties. He or she will assist you in resolving your financial issues. The same holds true for you if you are a property seller. Consult a real estate attorney before making the purchase so they can examine the buyers’ documentation and assist you throughout the entire process..
• If you are a buyer, make sure to take the help of an efficient property lawyer in verifying the urban classification of the land on which the property was built. If any related problems crop up, always consult a lawyer specializing in these matters who can take you through the process. It is important that you consider these matters before actually finalizing any property.
• The registration of property may lead to legal issues. Make sure all of your documentation are in order before seeing a lawyer who specialises in these issues and who can provide appropriate help in resolving these concerns if you are having troubles with the registration of your newly acquired property..

Consult a property lawyer who specialises in the relevant area and who can help you navigate the full legal process if you run across any of the aforementioned issues.