Property in India: Common Property Disputes

property disputes, nrihelpinfo

Property disputes are a common occurrence in India, mostly in states like Punjab and Gujarat where property rights have increased and are on a further increase. 

Most types of property disputes may arise in the form of, disputes occurring from the unhappy beneficiaries who may have got a lesser share in the property in India. Conflicts may also occur in the event of property grabbed by using illegal means such as forceful possessions, forgery, etc. 

Property Disputes- your in-depth guide:

  • Disputes in Title of Immovable Property

The title of a property is an illustrative representation of the ownership right to a property in India.

  • A person having a good title of a property in India refers to the fact that the concerned person is entitled to enjoy the rights of interests in that property.
  • A clear title of the property must always be supported by authentic documents which protect your property against any interruption by another party.
  • A dispute in the title of a property may also occur when a property or land that is acquired through gift or under a Will was not found to be lawful.
  • Do not purchase property or land:
  • Without verifying the exact location of the property.
  • Without finding out the real person who is in the possession of the property.
  • Without checking the latest development or regional plan (if a property is subject to a road setback, school, reservation of garden or playground or welfare).
  • Without the above information, the buyer pays advance money and later finds out the fact of a property being restricted in its use.
  • Disputes in Delay of Handing over Flats
  • Delay regarding the delivery of possession of flats/ apartments by builders.
  •  As per the recent survey, more than 80% of the real estate development, may it be commercial or residential are being delayed due to the delays in following authoritative compliance such as Intimation of disapproval, occupation certificate,

construction certificate, and no objections certificates of sewerage, water, environment, tree, fire, police, etc.

  • Fraudulent conduct performed by the real estate developer to raise funds, enables him to sell a single unit or a flat to multiple buyers in order to increase funds at a construction stage. Such an act leads to a dispute.
  •  Delays may also occur because of a lack of sufficient funds.

Disputes Due to Timely Payments/ Non-Payment of Rent 

  • One of the ordinary disputes in the real estate sector is the non-payment of rent or delay in payment of rent to the members of the housing society.
  • When a real estate builder undertakes to develop a housing society, he is under an obligation to give temporary accommodation to the members until the new building is constructed.
  • At the beginning of construction, everything moves with ease, yet, at times, the construction of the property Will come to a pause due to financial reasons or delays in compliances, disputes with a property title, etc.
  • Members of such housing societies are left with little choice, that is, to request the developer from time to time to make the payment or else approach the consumer court.

Disputes Relating to Inherited Property

  • Basically, an inherited property refers to the property received by a person through a Will, as a legal heir or otherwise. A person has to be very cautious in buying inherited property, inherited from his or her ancestors or from other persons. There are problems buying of such property or even selling such property as the process is cumbersome and may include fraudulence.
  • Disputes generally occur when a property buyer purchases such inherited property without the knowledge of it being an inherited property or that such property is being subject to the conditions of Will, probate, a succession certificate or letters of administration. When a person dies and has made a Will for the distribution of his assets, the property is distributed as per promises set out in the written Will.
  • Wills may be challenged as per its authenticity because the Will maker was not a fit person at the time when he made the Will or the Will is not the last and final Will, or the property in India had been divided in contravention of the wishes or desires set out in the Will or the Will is fallacious.

Disputes between Buyers and Builders or Estate Agents

  • Currently, the fraud performed by buyers in cities has become a popular phenomenon. The major reason behind this is because of the fraudulence played by many contractors in the market, with the advice of illegal property agents. In many cases, documents of the property are misunderstood or providing documents which do not concern the property in India.
  • Disputes between property buyers and real estate builders lead to criminal complaints, civil disputes and sometimes physical threats also. Such conflicts have been found common in the consumer courts. Fraudulence is not only restricted to money, but it extends to other violations which the estate agents or the builder commit in contrast to the promises they offer to the buyer.

The legal solution to resolve all property dispute problem is to take the matter to the civil court of law. However, property disputes in courts extend for decades from the lower court to the highest one. However, coming to a family settlement will resolve such disputes to an extent.

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Property in India: Common Property Disputes

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