| Category | Property Law |
PROPERTY DISPUTE
A legal issue concerning real estate is called a property dispute. Any property could be involved, including a house, an empty lot, a road, a business, or a pond.
Most property conflicts are caused by disagreements about ownership, who should pay for repairs, zoning concerns, or circumstances where something that happens on one property affects another. For instance, a quarrel could occur when a new house obstructs the view of another property or when there is confusion over the property border.
The common type of property disputes –
Breach Of Contract
When someone breaches a real estate contract, the other party may seek damages to compensate for their losses. For instance, it may be deemed a breach of contract if a tenant does not adhere to the conditions established in a lease or a property buyer does not pay the agreed-upon amount to the seller.
Real estate fraud
Real estate fraud happens when a party intentionally misleads another party to get more money or another desired resource out of a negotiation. Common types of real estate fraud include straw buyer schemes, illegal property flipping, and predatory lending.
Boundary Disputes
Boundary disputes can arise between neighbors when they disagree on where the property line lies. These disputes are more likely to occur if the property boundaries were never clearly registered or a practical property line supersedes the legal line.
Specific Performance
A specific performance property dispute can arise in some situations when one of the parties to a real estate contract does not perform an agreed-upon material action. The court may grant specific performance to force the party in breach to do what they promised rather than simply attempting to resolve the issue with money, as with other contract disputes.
How to Resolve Property Disputes in India
In India, there are two ways through which you can resolve property disputes:
Settlement
If family members are involved in the property dispute, you can agree to settle it through the Indian laws governing land disputes. As part of the settlement, the parties will sit across from one another, have a conversation, and decide how the assets and property will be divided. In addition to those mentioned above, this involves dividing mobile and immovable property, such as jewelry. Sometimes families will ask a neutral third party to help keep things in order and under control while the procedure continues. This impartial third party can help the parties come to a mutually beneficial settlement.
Litigation
Litigation is nothing but approaching the courts to resolve property disputes. This involves lawyers, court costs, and, often, a substantial delay. Typically, unrelated parties resort to litigation in the first instance. Litigation involves court processes and procedures and may take a long time to resolve the dispute. Go for litigation only if you have all the documents, including the title deed, and your lawyer advises you that you have a solid chance to win. Sometimes courts order the parties to settle outside court. This is a court-monitored settlement.
For more details contact
Deepti Dogra and Associate
Phone no.-8989696931
Email - [email protected]
1201, Vikas Surya Arcade, 2nd Floor, CU Block LSC Uttari Pitampura, New Delhi-110030
