Frauds and property disputes are frequent in India, despite severe law and order circumstances across the country. Every day, civil courts and subordinate courts handle a slew of cases involving real estate disputes.
Instead of going to court, it’s advisable to settle such disputes constructively because judicial settlements can take decades and be costly.
You can learn about the various main reasons for real estate conflicts in India in this article.
Causes of property conflicts
Conflicts over ancestral property:
Ancestral properties are those that have been passed down via the paternal line for at least four generations. Since his or her birth, a child has been a legal successor to the estate. If a person does not receive his or her portion of ancestral property, he or she may submit a suit in court.
A legal successor to an ancestral property may frequently sell it to a third-party provider without the awareness of the other coparceners.
As a result, you should thoroughly inspect the partition deed and title deed before purchasing an ancestral property.
Incomplete information:
Many times, in order to sell their estate, the proprietors do not reveal all of the property’s details. A buyer has the right to full disclosure concerning a property. If the seller fails to give accurate information regarding the property, the buyer has the right to litigate and ask for compensation.
Land intrusion:
It is the most common sort of legal dispute in India, and it usually occurs on vacant land. In this instance, the owner of a nearby property may erect a construction that encroaches on your property. The estate paperwork will defend your rights as the landowner in the event of a dispute.
Delay in possession:
Since the RERA Act went into effect, house builders and constructors have been required to complete projects within a certain time frame. If the buyer still does not receive ownership of the property, he or she has the right to claim his cash as well as reimbursement for the time spent waiting for the property.
Always purchase a RERA-approved unit to preserve your rights as a buyer of an under-construction residence.
Changes in the layout:
When purchasing an under-construction estate, the customer frequently does not receive the property that he or she imagined. The buyer is entitled to ask for a refund or compensation if the flat or villa does not match the blueprint.
Environmental concerns:
As a customer, you should exercise caution when it comes to environmental concerns. The development of a property should not endanger the environment in any way. Several housing projects in Uttarakhand have recently been put on hold due to concerns that their construction might harm the region’s ecology and biodiversity.
How to avoid property conflicts and reduce the likelihood of them occurring?
Perform a title search
Conduct a comprehensive validation and study of the property’s title records. An advocate or a reputable title investigator usually conducts the title search and property authentication. Check to discover if the property has been authorized by major banks as another approach to ensure that it is legally sound.
Only properties with legal approvals and legitimate paperwork will be approved by banks. Also, be sure the property isn’t encumbered by a mortgage.
Plans that have been approved
You should request the approved plan from the builder and verify it to the real built-up area. This is necessary since, in many cases, the sanctioned plan does not correspond to the built area, and such a structure is considered illegal.
Dates of the sale deed
Make sure the date on the stamp papers corresponds to the transfer of title paperwork.
Inheritance
Ensure that the beneficiary’s name is changed in the required official or revenue records before investing in inherited property, depending on the nature of the property.
Ascertain that such a property was given with the necessary proof of succession – such as a will, probate, letter of administration, or inheritance certificate – or by any consensual understanding. If there isn’t a will, make sure the property is allocated according to the relevant succession laws.
Approvals from local governments
Ensure that your house plan has received all of the necessary permissions from the municipal corporation’s different departments. Check to see if any needed licenses have been received from the relevant department.
What is the best way to settle a property dispute?
You have two options for resolving property disputes:
mutual understanding and negotiation
going to court
Here are some strategies for avoiding or resolving a property dispute:
Make use of signs or build barriers.
Any land surveyor can be contacted.
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