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Property Disputes: What to do when you can’t reach an agreement?

Battles fought for property have increased throughout the years, moving from lower-income households to the upper class. Any person, in any nation, always has property as a top priority. In every state of India, property conflicts are fairly prevalent. Such disagreements are frequently resolved within families or via legal action. Later is a time-consuming and expensive procedure. Property disputes typically centre on who owns the land and whether it is being sold or bought. Numerous laws control property disputes in India. 

Both the concept of property ownership and the transfer of property ownership from one entity to another are facilitated by these laws. Depending on the circumstance, different laws apply. In this article, we’ll look at the various methods for resolving property disputes.

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Property Dispute in India

A legal conflict concerning real estate is referred to as a property dispute. Property disputes in India may arise from disagreements about property borders (boundaries disputes), liabilities for construction repairs, blocked views, lawful ownership, zoning issues, and who is to blame for property damage. In India, there are more incidents of property disputes every year. The growth and development of the infrastructure have led to a significant increase in the sale and acquisition of real estate. There are a few frequently occurring disputes, such as the division of inherited property between brothers and sisters, the ownership of a property when a second marriage is involved, the ownership of very old properties where ownership was not properly passed, landlord-tenant issues, and problems with property sales and purchases.

Property disputes in India are mostly over land and buildings. In India, a large portion of the ancestral land is passed down from generation to generation. There are several rules that have been put in place to govern these property transactions and ownership rights. Each legislation addresses certain issues that must be considered when conducting business in India.

Ways to resolve property disputes

Property disputes are one of the most common types of legal conflicts in India. There are numerous pending property disputes in India. The boundaries of Indian property law have been determined by several case laws. The existence of such case laws is frequently significant in determining and resolving property disputes in India. Property disputes in India can be settled in one of two ways:

1) Settlement 

2) Litigation

1) Settlement: In the settlement, both parties must sit across from one another and agree on how to split the assets and real estate. Both movable objects, such as jewellery, and immovable objects, such as real estate, must be divided in this process. Sometimes families will engage a neutral third party to maintain discipline during the process. An unbiased third party can aid the parties in reaching a win-win situation. Once the family members have agreed on a distribution, you should draft a settlement agreement. All family members must sign this settlement agreement.

Settlement reduces the need for legal counsel and court costs. If at all feasible and in the first instance, it is always better to settle.

2) Litigation: Litigation is just resolving a property dispute in court. This includes hiring attorneys, paying court fees, and, more often than not, experiencing severe delays. Unrelated parties often file a lawsuit in the first case. Litigation includes court processes and procedures, and the dispute may be difficult to resolve. Proceed with litigation only if you have all of the required paperwork, including the title deed, and your lawyer says you have a high chance of prevailing. Courts will occasionally order parties to settle out of court. This is a judicially supervised settlement.

Law firms in Chandigarh

Indian citizens who live both in India and abroad frequently find themselves in difficult circumstances when disagreements over the tenancy, co-ownership of joint property, and other property-related issues occur. Every land issue has the potential to lead to a billion other problems. If there is a transfer of ownership, the owner wants the property to go to the rightful heirs. However, injustice occurs as a result of rivalries and disputes inside the family. One has to seek out the appropriate legal guidance and consultation if they are to give such disagreements a wide berth.

The appropriate guidance may aid in handling real estate difficulties without difficulty because they have complicated aspects.

Lex Solutions is one of the top law firms in Chandigarh. Lex Solutions advises its clients to complete all legal papers related to the acquisition, lease, sale, and mortgage of real estate holdings. The business specializes in residential, commercial, industrial, and agricultural assets. They give the greatest legal advice and solutions in real estate disputes since they have the top real estate attorneys on the team.

The Best Lawyer for property disputes in Chandigarh

Illegal possession, ancestral property settlement, builder delay in possession, property conflicts among families, and real estate issues under the RERA statute are typical difficulties that a property lawyer may handle.

The Chandigarh lawyers at Lex Solutions are among the best in the city. They are extremely informed and experienced. Lex Solutions provides legal aid and services in a variety of areas. 

Conclusion

Property obtained by illegal means, such as coercive possessions, complaints and litigation, forgeries, and so on, might give rise to problems. The only option to resolve such a situation is to go to court. Property conflicts (real estate litigation) on the other hand, can linger in the courts for years or even decades, from the lowest to the highest levels.

To some extent, finding an agreed arrangement will assist to handle such problems. In a word, it is critical that you are aware of the property laws that apply to your property. Consult with a reputable property lawyer for all documentation needed to avoid future disputes. If you’re looking for the best property lawyer in Chandigarh, Lex Solutions is the ideal place for you. 

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