Many types of disputes can arise out of a property transaction.
In fact, the variety of property and land related legal
disputes and problems that can and have often arisen
in the Indian Real Estate scenario are astounding. Some are
discussed below:
Landlord And Tenant Disputes:
The disputes may arise due to non-payment of rent, enhancement
of rent, fixation of fair rent, eviction of the premises or for any other reason.
If the matter falls within the jurisdiction of the Rent Controller,
one may have to file petition only before the Rent Controller
for relief.
Disputes concerning Stamp Duty and Under Valuation:
There can be cases where you may have grievance with regard
to the Valuation and the payment of Stamp Duty on your property
transfer. The authorities who can dispense justice or remedy
to your grievances are District Registrars of Registration and
Inspector General of Registration who adjudicate such disputes.
For dispute issues, some of which are discussed
below, the logical recourse is to approach a competent court
for resolving the disputes.
Execution Suit:
One of the unsavory events arising during a property transaction
can be when the vendor of a property who initially had agreed
to sell his property to the purchaser at an agreed sale consideration,
changes his tack. The party that is affected, i.e. the purchaser
has every right to file a suit against the vendor for specific
performance of the Agreement. If the Court finds the claim valid,
it may adjudicate and pass an order for execution of the Sale
Deed in the favour of the purchaser.
If the vendor fails to transfer the property in the purchaser's
name despite the Court's order, the latter may file an execution
suit. On the basis of the Execution Suit, the Court will take
necessary action to get the property registered in your name
as per its order.
Declaratory Suit
You might find yourself in a situation where your title to the property is challenged or found to be questionable or defective. This circumstance makes it necessary for you to get an order from the Court on your title by filing a Declaratory Suit in a Court of Law.
Injunction
If a property is under occupation of a trespasser, a suit for permanent Injunction can be filed by the owner. This will prevent the illegal occupant of the property from interfering with the possession and occupation of the property by its rightful owner.
Partition Suit
In cases where there are co-owners of a property and one
of the co-owners wants to get his/her share in the property
to be enjoyed by separately and independently, he/she may have
to file a suit for partition.
Money Suit
If one has lent money on the security of an immovable property by way of mortgage, and wants to realize it, he/she may have to file a suit for recovery of the money due from the mortgagor. If that fails to materialize, he/she may sell the property mortgaged for realizing the money.
Disputes before quasi-judicial authorities
There are different types of litigations concerning land revenue, land acquisitions, title documents etc, which are heard and disposed of by several quasi-judicial authorities such as Tahsildars, Assistant Commissioners, Deputy Commissioners, Survey Settlement Commissioners, etc. Good knowledge of authority of these officers can be very helpful in seeking legal relief.
The alternate relief/remedies available to a party can be sought from a Court of competent jurisdiction for specific performance, compensation for loss, recovery suits, eviction suits, interpretation of a will, declaratory suits, and partition of joint family property and so on.
Writ Jurisdiction
A writ jurisdiction may be invoked against the decisions of the Government affecting one's property rights by filing a writ petition in the High Court concerned or in the Supreme Court for appropriate relief.
Criminal Cases
Initiating cause of action for forgery and fraud in property transactions requires filing at the first instance a police complaint or file a complaint before the Magistrate. Since, Criminal Courts have a different structure and mechanism, after lodging a complaint, the State will direct the prosecution.
In some recent cases, the petitioners have sought police intervention
to reclaim their property, which had changed several hands without
their knowledge. A few others approached the court whose land
had been illegally grabbed and unauthorized persons had even
begun construction. Criminal matters do not have suit valuation.
It is important to know that once a matter becomes subjudice,
it may take a very long period to get the disputes resolved
by the Courts. In such cases the litigants are generally prevented
to deal with the property without the permission of the Court
concerned.
It is in your greatest benefit if you hire a lawyer for seeking remedy/remedies under the different categories mentioned above.
Submit your legal issue and an attorney will contact you.
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