Property by definition is anything that is a tangible or intangible thing, which a person can possess. And when there is a disturbance in the peaceful possession of the property it causes dispute. Likewise, It is a great possession a man desires to have and possess. It is a status symbol and forms a part of man’s wealth. However, when greed overtakes need, discontent arises to give birth to dispute. But other than greed there are many reasons for a person to have a dispute in property and still, the root cause of every dispute is greed, envy, and discontent. Therefore, major property dispute is within families for inheritance, partition, and division of shares. Some can resolve the dispute amicably with the help of family and friends but when the negotiation fails one has no other door to knock on but seeks the remedy from the court of law knowing the fact that the cases in the civil courts in regards to the property take decades to resolve.
Similarly, property dispute arises when there is fraud committed on the property when the title of the property is ambiguous and it is challenged in a court of law. Property disputes are normally between the owner and renter, landlord and tenant, or between siblings and blood relatives for inheritance. Both parties to the dispute have rights and remedies in law to protect their property from any danger or harm. Therefore a learned property lawyer is an added advantage in reaching negotiation and settlement. A property lawyer with expertise in law related to property can give sound advice for the recourse in the matter.
What is property law?
Property law consists of enacted rules, policies, and principles that govern the transfer of property in case of ownership, leave and license, lease, and resolve any dispute arising during the transaction or possession of the property.
What are the different property laws in India?
The primary law that deals with property in India is the Transfer of property act of 1887. It deals with the transfer of ownership rights and the creation of legal rights on a property in terms of leasing and mortgaging etc. However, some other laws and acts aid in resolving the dispute related to ownership, succession, partition, and inheritance of a property. Such as Partition Act 1893, Hindu Succession Act 1956, the Indian Succession Act 1925, and Muslim Personal Law Application Act 1937.
Indian Easements Aof ct, 1882 deals with various easement rights of a person conferred or implied by the agreement and conduct of parties.
Land Acquisition Act 1894 deals with land acquisition by the government and companies for the greater good of the people.
RERA was enacted to resolve disputes and bring transparency in the property translation between the buyer and the builder.
Maharashtra Rent Control Act was enacted to redress the dispute between the tenant and the landlord.
Registration Act 1908 deals with the registration of deeds, documents, and agreements.
Special Relief Act 1963 deals with injunctions and stay on the property in dispute. It is a civil remedy available to the aggrieved for specific performance.
Similarly, there are many laws made to protect and preserve the right an individual possesses over his property.
How to avoid a property-related dispute?
Out of many property-related disputes but the most common of all is the dispute of title of the property because a clear title gives undisputable rights to have peaceful possession of it and enjoy the property and all the income and output of the property. However one can circumvent disputes related to the property with some prudent search.
In the instance of buying a new property check for the following:
Verification of Title: It is advised to conduct a title verification of the property one is interested to purchase as far as 30 years old records. In title verification, the documents of the property related to ownership are verified with the records available with the registrar. An advocate or a title investigator can help one verify the title of the property. Also, the bank does the verification of the title before lending or mortgage.
Verify the sanction plan of the builder with the town planning authority or the district collector. If the sanctioned plan does not match with the plan approved by the authority then the construction became illegal.
The reputation of the builder and testimonials: It is very important to consider the reputation of the builder based on the delivery of performance in the past one can check for the same on the RERA website.
Dates on documents: The dates on the stamp paper and the date of transfer should be the same.
On the other hand, if the property is inherited through succession has a high chance of fraud being committed therefore make sure the transfer is done by the prevailing and applicable succession law. If there was a will then all the transfer is done legally right from the society registration records to the land revenue records by the will, grant of probate, letter of administration, or succession certificate. If the person died without leaving a will then the consent of all the parties to the inheritance was obtained for transfer through gift or sale.
Why do you need to hire a property lawyer?
The process of buying a property is a complex process of dealing with various legal documents to ascertain the legality of the title of the property. A common many are not well versed in the language of the court and legal terminologies mentioned in the documents of the title of the property. On the other hand, an advocate experienced in property law can guide and aid in the process of verification of title, checking the revenue records, verifying the authenticity of the documents related to succession and inheritance, dealing with property of power of attorney holder, checking of lien on the property through mortgage or pledge. A Property lawyer also checks for the town planning of the property and all the governmental approval for the plan. Furthermore after conducting the verification and if the result is positive then the property lawyer drafts a first legal document called the sale agreement to execute the deal. The sale deed has to be drafted carefully as it is the primary source to seek a remedy in case of breach of the contract. Thereafter, drafting the conveyance deed and the execution of the sale deed by mode of registration and paying the stamp duty. All this work is done by a licensed property lawyer who makes sure that the buyer is buying a property with a clear title and enjoying the rights of peaceful possession and use. As the whole process deals with the verification of various legal documents at different stages a legal expert in the property will ensure timely execution of the right property.