Archives March 2023

How can an NRI handle land dispute in India?

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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How To Resolve Property Disputes In India?

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. Read more..

How To Resolve Property Disputes In India?

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.

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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.

The LuXia will do you the evaluation of the situation once you provide all necessary documentations and will provide you the best possible Legal options and solutions around it.

Get in touch with us by visit here : www.theluxia.com or mail us on contact@theluxia.com. You can call us on +91-9810505543 for best legal advice.

TOP 5 REASONS WHY YOU SHOULD INVEST IN REAL ESTATE TODAY

Real estate ownership has always been a sign of prestige, wealth, and authority. It was the safest method of protecting one’s riches, along with gold. Many new investment choices emerged as we entered the modern era. Investors had a variety of choices for parking their money, including stocks, bonds, fixed deposits, mutual funds, digital currency, and crypto currency. However, out of all of these, real estate continues to be one of the safest and most advantageous routes for a long-term, successful type of investment.

Top 5 Reasons Why You Should Invest in Real Estate Today

Real estate ownership has always been a sign of prestige, wealth, and authority. It was the safest method of protecting one’s riches, along with gold. Many new investment choices emerged as we entered the modern era. Investors had a variety of choices for parking their money, including stocks, bonds, fixed deposits, mutual funds, digital currency, and crypto currency. However, out of all of these, real estate continues to be one of the safest and most advantageous routes for a long-term, successful type of investment.

Since everyone requires a place to live, real estate is a necessity, and investing in it helps to both solve this issue and secure the future. The purpose of this piece is to examine the advantages of real estate, including how and why it makes a wise investment.

Appreciation of Value 

The value of real land always rises over time. When it comes time to sell, a wise purchase can yield a sizable profit. Additionally, rents have a propensity to rise over time, increasing cash flow. History shows that you will profit more from real estate the longer you hang onto it. Bubbles and crises that lower house appreciation always cause the housing market to rebound. Prices always revert to normal after even the most uncertain periods, and appreciation resumes its course. The risk of loss is constant in other investment strategies, such as the stock market, but real estate gives more investment control. Being a tangible asset, real estate can be used to benefit from a variety of income sources.

Cash Flow

Cash flow is the remaining net profit from a real estate investment after running costs and mortgage payments have been paid. Real estate offers a sizable capacity for cash flow generation. A consistent monthly rental income is a great incentive for passive income and provides the investor with long-term financial stability. In many instances, as you pay off your mortgage and increase your equity, your cash flow will only get stronger over time. A wise real estate venture typically yields a cash flow of at least 6%.

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Tax Benefits

Real estate tax deductions can balance out revenue and lower overall taxes. Rental revenue is not subject to self-employment taxes. At the same time, the government provides tax breaks for mortgage interest, insurance, upkeep and repair costs, and even property depreciation. For their long-term investments, real estate investors receive reduced tax rates. It is simple to subtract reasonable property management, operation, and ownership expenses.

Leverage

Leverage, or the capacity to invest a small amount of one’s own money and borrow the rest to purchase a property, is a highly important advantage of real estate investment. You can invest in quality real estate for as little as 15% of the total purchase price if you come up with a down payment from your savings and obtain a home loan to cover the balance of the cost of the property. This means you just put a very small amount of your own money into the property, but you still get to own it. Also, it guarantees that you don’t invest all of your life’s profits in real estate and that you set aside some money in case.

Tangible Asset 

Being a physical asset, real estate may be used to profit from a variety of income streams while experiencing capital growth. Real estate’s strong tangible asset value, as opposed to other investments like stocks with low or no tangible value, offers perpetual security because its value will never decline.

Real estate has no insurmountable financial obstacles and is simple to buy, finance, and improve your lifestyle while offering tax advantages. Real estate is still one of the best investment possibilities, thus to this day.