As the name recommends, a property dispute refers to a legal dispute related to property in India. About 66% of all cases in India are related to property disputes. There are numerous types of property disputes. These disputes could often arise by claims from co-owners, family, legal heirs, misrepresentation by the seller, the lousy title of the property, disputes related to property acquired as a gift or through a Will, disputes about easements rights, etc.
Wars over wealth occur across every stratum - from low-income households to ultra-rich families, making property disputes (within families) common in India. The clear solution for most is to take the matter to court somewhat of settling it down. However, most people don’t realize that apart from being a tedious and expensive process, courts in no way guarantee a satisfactory resolution. It is, although, advisable to opt for a family settlement. Here are some points that will make you understand the concept of settlement better.
Fixate on Experience
When preparing or reviewing property documents/contracts, an attorney’s experience is of the utmost importance. Without it, the lawyer won’t know what details and terms to include or look for the dispute in the fine print.
Most people conduct the mistake of hiring a lawyer who specializes in an entirely different field of law. Sometimes you’re considering hiring a friend or family member who’s a lawyer. That decision may destroy the entire process.
Instead, you should hire a lawyer with years of experience solving property disputes. Someone who has read through hundreds of contracts and knows what to look for can handle your case more efficiently.
Such as, If you’re a buyer and you are worried that the seller has failed to disclose essential defects on the property. In this, your property lawyer can help you address those issues and hold the other party accountable for transparency.
One reason that experience is crucial is that it helps in approaching any potential setbacks. If they’ve been through certain problems, they can be proactive and help you avoid the dilemma entirely.
Many different conflicts can occur, for instance, failure to disclose, arguments over deposits, or inaccurate information on the contract, which can lead to a dispute. A property dispute lawyer can give you protection from them all.
Ask Them Questions
Any lawyer can sound as if they are the best property dispute lawyer, but only a few can prove it. If they’re as talented as they state, they will have no problem answering the questions that you want to ask them.
However, you may find this boring; it is an essential part of the process. It will give you more clarity about the lawyer you are hiring to represent you. Listed below are some questions that you can ask any property dispute lawyer before hiring them:
- For how long have you been practicing property dispute law?
- What are your qualifications?
- How many property contracts have you reviewed? (most lawyers have a general idea)
- What are the legal fees included in your service?
- How involved are you in the documentation?
- Have you handled a Family dispute over property?
- What potential obstacles do you see with my case? How can you help me avoid them?
- Would you recommend I have a lawyer for the case I’m in?
Search for an Involved lawyer
As strange as this may seem, you must hire a property dispute lawyer actively involved in the cases they take on. You would be surprised to notice how small a role some lawyers play in their client’s cases.
Suppose the horror of paying lawyer fees for an experienced lawyer, only to discover that another member of the firm drew up your property agreement.
As discussed earlier, ask the lawyer you speak with about their involvement. Do they pass on specific tasks to other members of their firm? If they do, request that they provide the required details.
There is not a right or wrong answer here. It’s all about what you’re comfortable with as the client. Overall you want to find a lawyer who is active and productive to represent you.
Focus on Your Chemistry with Them
Today you might be interested in buying property. Only a few years from now, you might be interested in selling that same house.
If you’re selling your home, you’ll also want a property lawyer to oversee the process for the next property you purchase, so there will be no loopholes for dispute. So, it’s wise to find a property dispute lawyer so that you can grow a business relationship.
For that reason, it’s crucial to factor in your chemistry with them. Did you hit it off with them right away? Are you satisfied with their abilities? Do they seem like they genuinely have your best interests in mind?
Find One in the Early Stages of the Process
When hiring the best property dispute lawyer, you want to be proactive rather than reactive. That’s why hiring a lawyer early in this process would be best.
That way, they can help you in solving any upcoming problems. Maybe it’s a boundary dispute. Possibly you’re considering leasing out your property to tenants. You’ll want a real estate lawyer to help you gear up for those endeavors so that there will be no future disputes.
Tell the property lawyer of your intentions and ask for their feedback. You can always count on property lawyer who specializes in landlord and tenant disputes. They can help you ensure that the process goes as smoothly as possible.
Consequences of Not Addressing the Issue Timely
Property disputes between siblings are the most common occurrence in India these days. Legal property disputes occur among people at different levels, from households with low-income or wealthy families. The unhappy beneficiaries can challenge even a will as strong as iron, and the property can be put into dispute for years unless resolved by the courts. Thus, it is essential to deal with these cases as soon as possible with the help of an experienced property dispute lawyer, who can guide you with the case and help you get your share in the property effectively and less timeously.
Issues regarding property disputes can be stressful and taxing; therefore, individuals should take all required safeguards before buying or renting a piece of their property. Hiring a lawyer or getting legal advice before moving ahead with such a transaction will always help avoid any hassles in the future.
At Rest the case, our experienced Property lawyers can help you with property disputes & legal issues, regardless of the property. Call us today to share your case and get legal advice on how to handle your situation.