top of page
Search
Writer's pictureLead India
Nov 2, 20233 min read

How Do I Resolve A Property Dispute With My Family?

Family property disputes are a sad reality of modern society. Money and wealth are the greatest draws for individuals. Everyone aspires to wealth in order to be able to purchase anything they desire. After people experience ease and prosperity, they develop avarice, which leads to sibling rivalries and property disputes. Property disputes within families have increased in frequency.


Property Disputes with Family: About

Property disputes within the family may emerge from inheritance, joint property purchases made with relatives, or from pre-existing joint ownership agreements. The services of a qualified mediator can help you resolve a dispute without going to court if you are unable to come to an agreement.


Property Disputes with Family: Reasons

  • Property disputes between family members are frequent, and court battles about who has a legal right to a piece of property can drag on for years. Inheritance situations are more likely to involve these conflicts. When someone inherits property, they might only be able to carry out business transactions after giving up their share to someone else in opposition to their concerns, or the other way around. However, they still need to follow the required procedures to obtain the right to use the property. Depending on the type of property, their rights over it, the legal beneficiaries, and other elements, legal civilities may vary.

  • People buy properties with family members for a number of reasons. These include pooling funds to make a larger investment in property acquisition possible or splitting the cost of buying and maintaining a vacation home that would be beyond the means of a single person. Some people decide to co-own and co-occupy their primary residential dwelling.

  • Joint ownership disputes can arise for a number of reasons. Owners may no longer be able to work together, which will inevitably lead to conflict. Balance of the fiscal burdens is a common source of conflict. One legitimate basis for a property dispute is when one party wants to dispose of their portion of the property and the other party does not. However, if one owner believes that they've "put in" higher to the property, that is, made more financial or physical efforts, this frequently results in disagreements on the extent or worth of their share.

  • When anything has a "title," it means that its legitimate owner has many rights. For example, transferring the title would have an impact on the transfer of property during a sale. The property and agriculture industries may be impacted by disagreements over property ownership resulting from unclear titles.

Resolving Family Disputes over Property: Solutions

Settlement Within Family Members

  • A family settlement is an agreement reached by family members to divide up family property in order to settle property disputes without going to court.

  • This type of arrangement usually arises to avoid getting into legal disputes. The arrangement resembles a division deed in format.

  • Other than that, the family settlement agreement does not need to be recorded or stamped and signed by every member of the family.

Seeking Legal Assistance

  • Different laws regulate property issues. These legal frameworks aid in delineating property possession and facilitating the transfer of such rights from one individual to another.

  • Depending on the different instances, different laws can be helpful. In order to settle property disputes within a family, it is important to understand how the laws work and to make sure that they are in harmony.

  • This is where knowing the laws pertaining to one's property can be helpful to a property lawyer.

  • A lawyer can anticipate potential cases and can assist you in resolving them by attending to a few details. Therefore, it is always advisable to consult an experienced lawyer regarding a property issue before making any decisions.

Moving Forward with Litigation

  • The only option left to them is to take the matter to court in order to get a resolution if they disagree with the property settlements or cannot agree on a mutually agreeable share division. It indicates that in order to settle a family member's property dispute, the parties need to file the partition case in court.

  • The party must mention the property, the share they desire to acquire, the share they wish to split among the other family members, and the legal notification they wish to submit before filing the partition case.

  • Following that, the recipient of the legal notice will return it in kind, and if the recipient does not reply or treat it seriously, the recipient will file a partition case.

You will need the help of the Best lawyers for property disputes if you face any property disputes within your family and want to resolve it.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.


Call Us: +91–8800788535

Email: care@leadindia.law


2 views0 comments

Comments

bottom of page