The Indian Judiciary is well known for its speed in resolving disputes, or lack thereof. However, it is not fully to blame for its disrepute. Our country is home to the second-largest population in the world and is well on its way to taking the crown from China. Keeping that in mind, it is not hard to imagine that most (over 66%) of the cases that currently are pending in the judicial system are property disputes.
The huge population, a large portion of which is still uneducated, plays a role in creating this choked judicial system. Property disputes in India are a dime a dozen, arising from a myriad of reasons. Due to the law of inheritance and other property rights laws in our country, there arise various property disputes on a daily basis, which are not easy to solve by courts, and take a lot of time and money to reach a resolution.
This blog discusses the various reasons that might lead to property disputes and also advises on how to avoid them. So if this seems like something you need to know for future investments, read on.
Types of Property Disputes
Property disputes can arise for many reasons, whether it’s within the family or involving outside parties. Hence, it is not possible to list all the reasons that might lead to one. However, what we can do is divide them into broad categories. Some of the most common types of disputes regarding property arise from the following reasons:
- Dispute Over Inherited Property
- Dispute Over Property Title/Ownership
- Delays in Possession
- Non-Payment of Dues
- Joint Property Ownership Disputes
- Real- Estate Fraud
- Illegal Possession
Tips for Avoiding Property Disputes
The nature of property ownership laws in our country and verifying claims to reach a decision takes plenty of time. Hence, even civil courts sometimes suggest mediation and settlement for property disputes, as litigation can be a long and costly process. Another thing to always keep in mind when buying property is to make sure it is RERA-registered and approved. You can also follow a few steps to ensure you don’t get caught up in a nasty property case by keeping in mind a few tips, which we will discuss below.
Title Search and Due Diligence
Whenever you purchase a property that has come to the possession of the current owner by inheritance, it’s a good idea to do due diligence in the title search of the property. You should only buy the property if it’s free from previous litigation or encumbrances. You could get a real estate lawyer to perform the due diligence from Lex Solutions, the best law firm in Chandigarh.
Sanctioning Site Plans
Before purchasing a property, especially a built-up plot, you must always get the plans sanctioned or ask the builder for the same. The sanctioned plans must be the same as the actual built-up area, or it will count as illegal construction, and land you in legal trouble.
Keeping all Relevant Documents in Order
When you are involved in buying or selling a property, you must ensure that the dates mentioned in the sale deed, stamp papers, and other relevant documents match the date of transfer of the property. Make sure that all the details in the documents, such as names, dates, addresses, etc, are written correctly and are clearly legible. Also, it’s a good idea to keep all these documents stored in a safe place as a lot of property disputes only arise because the owners lose their title deeds.
Mutation of Inherited Property
Another tip is to always make sure that the name of the beneficiary is mutated in the relevant documents when buying an inherited property. Even the best lawyer for property disputes can become helpless in front of the slow cogs of the judiciary in a case where an inherited property was bought from a party who had no proof of mutation (transfer by inheritance) in the form of a will, probate, succession certificate, etc.
Municipal Approvals
It is also important to note that all the required approvals for the land and construction are there from the municipality or municipal corporations and revenue departments. The same goes for any licenses that might be required from different departments of the municipality.
Fencing and Signage
When dealing with property with large or considerable swathes of undeveloped land, it is a good idea to install fences and signage to discourage squatters. Even though they might not totally stop encroachment, signs with “private property” written on them, along with boundaries reduce the chances of property disputes due to illegal possession.
Using Land Surveyors
Disputes between neighbors regarding boundaries is one of the most common reasons for property disputes in India. To make sure that doesn’t happen, get your land surveyed by a proper land surveyor who will clearly demarcate exactly where your property ends and the property of your neighbors begin.
Make Prenuptial Agreements
Finally, one good idea is to enter into a prenuptial agreement with your significant other to prevent property disputes in the future. Cases between estranged couples regarding the division of shared assets are extremely common and a prenup can prevent that from happening in the first place.
Conclusion
With the problems of a slow and overburdened judiciary, a huge population, and a lack of education of a huge chunk of the said population, India is the last place you want to get involved in a property dispute. However, fate plays cruel games on us all so India is the capital of property disputes, apparently. We can still take a few steps to cover our bases rather than wait for a property case to fall on our heads. Having a good lawyer, which we’d recommend you get from Lex Solution, is the first step to implementing all the tips to prevent property disputes that we’ve provided.
FAQs
- What is RERA?
RERA stands for Real Estate Regulatory Authority, which is a body that regulates the sale and purchase of property in our country.
- Is there any other way to prevent title fraud?
Other than the steps you can take that we mentioned above, you could also buy title insurance to provide you immunity in the rare chance a title fraud does occur.
- How to avoid rental disputes?
To avoid rental disputes, the best path is to make rental or lease agreements with clear-cut conditions and expectations with the help of a lawyer.
- What are the rights of owners/title holders of a property?
The rights of the owners/title holders of a property include the right to take any benefit from the property, the right to exclude others from the property, the right to transfer or sell the property, and the right to control the use of a property.
I'm an Ethical Hacker, Penetration Tester, Content Creator, Technology Lover, Passionate Learner & The Founder of Spinning Security. For Any Inquiry Contact Us Here :- contect.spinningtech@gmail.com
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