Best ways to prevent property disputes in India

Property dispute is the term given to a legal disagreement in relation to property in India. According to property dispute lawyers in India, such disputes have flooded the judicial system of India and approximately 66% of the total cases comes from property proceedings. Cupidity is the major culprit so fights over wealth is a deep-rooted problem in our country. The legislative component is responsible for the increased numbers of land-related disputes and the judiciary is to be blamed for the pendency of such cases. Major reasons for a real-estate dispute arise because of the claims from co-owners, wrong representation by the seller, legal heirs, disputes over easement rights, improper description of the property in the title deed.

TYPES OF PROPERTY DISPUTES

Fake documentation– Such a case is seen when one person forges a document or the will to cheat the other shareholder of their share in the property. These defaulters aim to take advantage of the forged documentation and try to claim fake ownership of the property. 

Abusing the power of attorney– Sometimes, people out of trust give a non-restrictive Power of attorney to their close ones. Such a case arises when there is misuse and betrayal by such a Power Of Attorney holder. The POA holder gets the property transferred in their name and cheats the original holder.

Impersonation– In this type, people impersonate themselves as the owner of the property. They misallocate and stake a claim on somebody else’s rights.

Miscommunication between landlord and tenant-It is often seen that there is no proper lease agreement or a case of miscommunication between the tenant and the landlord than issues related to property repairs or the eviction, arises.

Delay in occupancy certificate– The problem arises when there is a delay in the issue of occupancy certificates. Buyers cannot move into their purchased house because of this delay. It may occur because of the norms of the builder. The builder at times intends to shelve the project and later hold the project.

WAYS TO AVOID PROPERTY DISPUTE AND PRECAUTIONS ONE MUST TAKE

1. Verify Property and Check Title: Make sure when you purchase a property, properly verify it and examine the title documents thoroughly. This verification must date back to documents that are at least 30 years old. Take the help of a lawyer to investigate the documents and the verification or to know if there is a legal clearance of the property. In a case where the property is to be acquired from a Non-Resident Indian, you must be informed about the Tax deduction before paying the seller the full and final cost.

• Check for mutation of name: While purchasing an inherited property you must make sure that the relevant government records or any other documentation must have the name of the beneficiary, depending upon the type of property it is. Property transfer lawyers in India will make sure that the property is transferred along with all the required proof of inheritance like a will, a succession certificate or some kind of proof stating a mutual understanding. Moreover, you must know that the said property purchased is ancestral or self-acquired property. Several times people at later stages find out about many hidden claims which may arise because of a former case. This happens when the legal heirs are not mentioned, identified, or could not be traced.

• Lease deed is important: This is to avoid any landlord-tenant clashes. Sign a proper lease deed that will include a division of the responsibility with respect to the property and a detailed description of the property. It should also mention a time frame if any in the case where the landlord wants the property back, it will later save everyone from eviction issues. If you have purchased the property then ensure that the date on the stamp paper or all other details is the same as that of the transfer of title documents.   

CONCLUSION

Land disputes were there, even during the colonial times; the British imposed a notion that every land that existed belonged to the State and this rule was against the people who did not have their legal property rights. As time passed, failures in administration and judiciary also made these cases pile up.  Therefore, to settle such land conflicts, the above recommendations must be taken care of. Take the help of the Best Law Firm in India to handle your property related matters.