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Writer's pictureLead India
Nov 3, 20233 min read

Find Lawyers For Land Disputes In India

Property disputes are the most common court cases in India. They are mostly settled within the families by themselves, on the other hand, in some other cases, matters are taken to the courts. Basic issues involving a property dispute are generally related to the ownership of the property or its sale and purchase.


Importance of legal advice

Property related matters are governed under various laws. Such laws define the ownership of the property as well as the transfer of the ownership of the property from one person to another. Based on the facts of the case, appropriate laws would be applied. This is the reason as to why you must be aware as to which provision will be applicable and what procedure would be appropriate to follow.


A land lawyer will help you understand the appropriate law which could be applicable in an easy way. He will also be able to explain to you the issues which may arise if particular actions or precautions are not followed.


Hence, it is advised that you consult a good and experienced lawyer for property before deciding to take any step for matters related to property.

Property disputes in the family

Disputes related to a property in the family are mostly caused when the property is transferred to the next generation. There can be two kinds of properties in a family and different provisions of law would be applied on them-

  • Self-acquired property- property which is earned or acquired personally

  • Ancestral property- property which would be passed on to the coparceners, i.e. the linear descendants of the property holder.

Various rights are provided for both properties. Selling or transferring the kind of property mentioned above will be governed under different provisions of law.

Out of various ways by which a property dispute could be handled, most common of them are-

  • By settlement

  • By litigation

Mutual Settlement in the family

  • Best solution for solving a property dispute would be through mutual settlement by discussing it amongst the parties in a peaceful way.

  • If the families could sort it out amongst themselves and unanimously decide an heir to the property by themselves, the whole procedure shall be simple.

  • If the parties to the dispute do not agree to a unanimous solution, then the option of litigation is always open. The court case would provide a solution to the problem, however the entire process is cumbersome and would take time and money.

Litigation in the Court

  • Fighting the case in the court of law and asking the court to solve the issue through the set legal process.

  • It is a long procedure involving fighting through legal procedure which is time taking and expensive. It may sometimes take years to get a court case solved.

  • A huge amount of court cases have been pending in every state, in India.

Types of property disputes

As a result of the infrastructural growth and development, a number of property purchases and sales are taking place. A few common disputes witnessed nowadays are enlisted here under-

  • Division of ancestral property amongst the coparceners

  • Girl child’s share in the property

  • Ownership matters when second marriage is involved

  • Some very old property which was not passed in a proper way

  • Issues between the landlord and his tenant.

  • Issues which are involved in selling and purchase of the property.

  • Laws and Acts which are involved in property disputes

Conclusion

Different laws are there governing issues related to acquisition, transfer, purchase and sale of land. Inheritance laws related to the issue as to how an ancestral property could be passed from one generation to another. Also, there are different laws for people belonging to different religions, hence different sets of rules would apply in different cases.

Also, various succession laws which provide as to how a property could be succeeded are there.


You may contact a damage lawyer to understand the legal procedure which could be followed in case of a dispute related to the property.

Lead India offers you a wide range of advocates who have years long experience in handling cases related to property disputes for many years. In case you seek free legal advice online or ask a legal question regarding assistance for issues related to property disputes, you may contact us.


Call Us: +91–8800788535

Email: care@leadindia.law


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