Common Property Disputes in India and how to avoid them

Every day, civil and lower courts hear numerous cases about property disputes. Even the legally protected properties are not under the protected shell and, at times, have been attacked and challenged by third parties and ulterior ones. Most such disputes happen because of a lack of awareness regarding the proper procedure for buying a property.

There is no real-time limit for resolution of the property disputes, each case of a conflict has its intensity. One may likely face many types of property disputes, such as disputes from unhappy beneficiaries who may have got less share in property than expected, for example, in cases of property received by inheritance under a will or otherwise. Alternately, such disputes may also occur due to wrong motives.

Other than that, disputes over the partition of hereditary property are also common. Well, instead of taking the matter to court, it’s best to settle such cases amicably because legal settlements may eat up decades and can also be heavy on the pocket.

Let’s now understand the most common property disputes in India and how one should anticipate to prevent their properties from these issues and avoid surprises in property transactions.

Property Disputes Among Brothers

Property disputes among brothers are the most common family dispute over property in India. The inception exists that the male child inherits the property. But the problem arises when there are two or more two male children. Brothers often fight regarding property division, especially if the parents haven't created a will.

These property disputes in India account for more than half of the pending caseload. Property laws and case laws around them govern property disputes. Despite having clear-cut rules, such disputes go on for years. The land is a valuable asset in India, and the scope of conflicts is more. 

To avoid these disputes, it would be best if you always had drafted agreements before entering any property transaction. Write and register wills in your life, so your children do not engage in property disputes. Paperwork always reduces ambiguity and hence the chances of conflicts.

Disputes regarding the title of the property

The title of the property refers to the ownership right to the property. A person holding good title to a particular property refers to a person's right to the enjoyment of entitlement or interests in a property. The dispute that arises out of identification can be during the transaction of acquiring the property or post-transaction, such as claims by third parties, legal heirs, co-owners, easement rights disputes, false characterizations, etc.

Ensure to have a valid title to your property. With the absence of digitized land records in our country, frauds relating to the title of real estate property are pretty standard. 

To avoid these disputes, one must verify all the documents related to the property and use a lawyer's services if needed. You can also buy Title Insurance, which can provide power in case of property fraud.

Disputes between builders/developers and buyers

A property transaction is a contract between the buyer and the builder or developer. Moreover, there have been numerous cases of the builder not meeting their part of the agreement, leaving buyers in the lurch.

To avoid these disputes, one should purchase properties from reputed builders only. And if you are not sure about the builder's reputation, there's always RERA! You should never buy a property that is not RERA-registered and approved.

You Might be Interested In: Legal Procedure To Sell A Property In India

Disputes relating to willed or inherited properties

Disputes related to the inherited or willed property are also common. Conflicts can occur when a person inherits the property through a will, and others challenge the integrity of choice. Disputes also happen when a person dies intestate (without a will).

To avoid these disputes, one should create a will with all proper precautions through all the approved legal means. In the case of an intestate death, succession laws hold good. If you are buying a property, ensure that the sellers are clear title holders, especially when it is inherited or willed.

Disputes regarding non-provision of Occupancy Certificate 

We see many residents of apartment projects being completed, but buyers can't move into their new homes until the builder receives an Occupancy Certificate from the authorities. A delay in issuing the Occupancy Certificate happens when developers flout certain norms.

To avoid these disputes, one should ensure regular inspections of your bought property. If you find irregularities/departures from the approved plans, it is good to raise a red flag immediately. Also, choosing reputed builders/ pre-approved projects will help you. It may also be good to draw up a payment schedule so that you pay the final installments only after all the pre-drawn conditions are met.

Disputes related to misuse of rented/leased property

Disputes in India are also common relating to rented/leased property. The conflict can arise between the owner and tenant or between the tenant and the local welfare association.

Read more about common Landlord and Tenants Disputes in India

To avoid these disputes, one should create a rental agreement with clear expectations concerning the maintenance of the leased/rented-out property.

RERA (Real Estate Regulatory Authority)

It is advisable to property owners to get their projects registered under RERA to avoid further disputes with the contractor. The registration under RERA secures all the possible problems related to the construction of the property.

Conclusion:

Hence, property disputes are widespread, especially in India, which could lead to disastrous consequences. To avoid these situations, the easy and peaceful method of settlement of property by mutually agreeing for the division of property requires that the agreement is performed in good faith and with free consent. If this doesn't resolve the dispute, the parties need to file the partition suit for their rights in the property, where the court will decide the share between the family members.

FAQ

What is the meaning of a property dispute?

A property dispute is a legal dispute related to property in India that involves conflicts with claims to rights in land by two or more parties focused on a particular property. About 66% of all cases in India are property-related disputes.

How do to handle a property dispute?

Property laws are pretty complex. You can opt to resolve your property dispute through settlement if family members are involved in the property dispute. It is also best to consult property lawyers who can inform you about the rules and suggest how to resolve them. 

Can the daughter get a share of property after marriage in the father's property?

A girl child has equal rights on the father's property as a son.

Can a disputed property be sold?

No, a disputed property cannot be sold until the dispute is resolved.

How do I hire right property dispute lawyer?

Read These tips to hire good property dispute Lawyer

Author Bio: Mranal Surendra Mandhane (Mandhane & Co.)

MANDHANE& Co . is a full-service law firm based in Navi Mumbai with a focus on solutions through a unique and holistic approach that blends its expertise and decades of experience in core practice areas –litigation and dispute resolution, real estate and housing society-related matters, arbitration and stamp duty and registration matters. The unique client-focused approach coupled with a high degree of responsiveness has kept the Firm at the forefront.