Property disputes are one of the commonest occurrences in India especially in a few states where the price of the property has skyrocketed and increased with the passage of time. From the low-level household income groups to the affluent families, property disputes continue for decades. The disputes not only consume time, but people involved in them have to spend a huge amount for the litigation process to resolve the crisis even though the solutions may not come readily. The disputes also result in non-use of the properties for a long period of time until the issues are resolved. For real estate dispute cases, there is no time limit. The source of the disputes can be many such as those coming from beneficiaries who are unhappy and may not have got a share of the property in cases where property comes through inheritance.
- The following causes highlight the reasons for property disputes and how a property dispute lawyer can help in resolving the issues.
The following causes highlight the reasons for property disputes and how a property dispute lawyer can help in resolving the issues.
Title of property
The disputes arising from the title may start during the transaction while acquiring the property or after the transaction when it is claimed by the third parties the legal heirs, wrong representations made by the seller, and the co-owners due to the inadequate description of the property in the title deeds. During a property transaction, problems may erupt when a huge amount of money is paid to the wrong seller and in cases where there are two or more co-owners of the property.
Apart from this, disputes are more likely to arise when one of the parties involved in the transaction fails to perform their duties according to the terms and conditions mentioned in the contract. Verifying the title of immovable property is important and the documents are to be perused thoroughly and title search can be done with the help of specific documents.
Delay in the possession of apartments
Delay in the possession or the delivery of the flats by the buyers is an important aspect and about eighty percent of the real estate development projects, whether commercial or residential are delayed due to several reasons. However, the primary reasons for the delay are acquiring the authoritative and regulatory compliances that the builders must acquire mandatorily such as construction certificate, an intimation of disapproval, occupation certificate and the NOC’s related to water, environment, sewage, fire, police, and trees. It is only after consulting the reputed property dispute lawyers in India that you will come to know how important it is to check the permission required by the builder to ensure that construction is in place.
The permission is to be obtained prior to the time before the builder sells it. As a buyer, you have to go through every inch of the document to understand the permission and the plan for the building at the proposed site of construction. Apart from this, the buyer must obtain a schedule of construction from the seller and the progress reports while the sellers claim their payments for the schedule related to property bookings. You must also try to check the property for litigation disputes related to the boundary. When your builder gets involved in heavy financial risks during the construction of the building, failing in this aspect can leave the project incomplete, and a project stuck halfway may impose problems for the buyers.
Payment or non-payment of rent
Delay or non-payment of rent is another cause of disputes in the real estate sector leaving the owners of the apartments little choice than asking the builder to make the payments within time failing which they may approach the consumer court. It has been reported that the financial condition of the builder is one of the primary issues leading to delayed payment or non-payment of rent. To avoid the disputes, the prominent real estate lawyers India suggest the payment of lump sum amount as security deposit, and it can be the amount the builder may have paid for investing in the open market to fetch a return, which is exactly the amount of rent required to be paid for alternate accommodation. The substantial amount can be used for acquiring an alternate accommodation on the basis of the deposit thereby nullifying the system of paying rent every month.
Problems from inherited property
The property that is received through succession is typically referred to as inherited property and it is extremely important to stay careful for buying the property as the buying and selling procedures are cumbersome resulting in higher instances of fraud. The disputes usually occur when a buyer invests in an inherited property without the knowledge of the property owner. However, it is necessary to understand how the property was inherited or whether the said property may be subject to conditions such as Will, probate, succession certificate and letters of administration.
In those cases, where the property may not have been distributed by way of the will but through succession certificate or letters of administration, purchasing such a property leaves humongous risks for the buyers. In addition to this, problems may also arise when the legal heir to the property may not have received his or her share according to the documents. While buying such a property, it is necessary to check the name of the beneficiary and whether it has been mutated in the relevant records of the government based on the nature of the property. You must also check whether the distribution of the property has been done according to the laws of succession governing the person.
Taking the course of law
No matter what the reason of the property dispute may be, individuals or groups must resort to lawyers for assistance and get the help needed for resolving the crisis quickly. You may consult reputed property dispute lawyers of India to understand the laws more clearly and take appropriate decisions.
Amy Jones is a versatile legal expert and working in Ahlawat & Associates for last 2 year. Law firms in India where you can discuss with experts about your legal problems. You can likewise follow Amy on twitter