Property Issues

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One of the commonest legal disputes in India is of the property. Disputes related to division of property, ownership of property, sale and purchase of property, and so on often get to the court and umpteen numbers of cases are still pending. The disputes generally arise among family members, especially brothers, as observed by the property lawyers of India.

This is not all. Absence of proper property papers and other such documents make the case even more complicated and prolong it.

Many disputes can be settled out of the court, but in many other cases, the disputes get too far and they are then taken to the court. At times, a property matter can turn into a criminal matter when one brother or family member may hurt or even kill the other brother or family member for property.

Discussed Below Are Common Property Issues In India And Those That May Need You To Take Legal Assistance.

Property Documentation/Verification

Purchasing a property can seem to be a daunting task. It can be stressful both emotionally and financially. That’s why it is important to verify all aspects of the property and make sure that it is completely dispute free and no legal hassles show up in the future. The things to be verified include: Inquiry into the capacity of the seller, Legal due diligence on the buyer’s side, buy and sell agreement, execution of sale deed, property possession, property registration, completion of property payment.

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It is better to contact a property lawyer for property documentation and verification. The lawyer will get the required reports from the concerned authority and verify the papers thoroughly. It is important to check whether the appropriate stamp duty is paid and the papers are registered.

Family Property Dispute

There are two ways in which a family can resolve property dispute:

Settlement
Litigation

Settlement involves all the family members sitting together and deciding about the division of property in an amicable manner. They might bring a mediator (who is not within the family) to maintain discipline in the discussion. Then, an agreement is made and each member signs it. There is no dispute in this.

Litigation involves hiring a lawyer and going to the court regarding the property division matter. A lawyer is a must in this. Court proceedings regarding property matters take time.

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It is beneficial to take the help of a lawyer, if the members are in dispute and there is no possibility of amicable discussion between them. Although court proceedings in property matters is lengthy, having a legal expert by your side can prevent more delays and any wrong move by your side.

Illegal Possession

If somebody has possessed your property illegally, then, as a rightful owner, you have legal rights and you can challenge this case successfully in the court. You have the option to use civil court remedies.

Preventive remedies:

Do not let the same tenant or occupant occupy your property for a very long time.
Visit the property at regular intervals and check your tenants and have a well-defined tenancy agreement.

Actual remedies:

You can get possession by title under Section 5 of Specific Relief Act, 1963.
A person who is dispossessed of his/her property can repossess it by proving previous possession and proving the wrongful dispossession under Section 6 of Specific Relief Act, 1963.
You can also carry out court proceeding under Section 145 of CrPC.
You can lodge a complaint to the Superintendent of Police (SP) of your area (where the property is located).
You can file a private complaint in the court through a property lawyer and pursue your case through a special Power of Attorney (this is for owners who are not present in India).

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Illegal Construction

The rapid growth in population, especially in the cities, has led to the growth in the number of illegal construction cases. Such illegal buildings are constructed without any legal document and proper authorization. Builders save money by skipping the proper registration process and some may even use sub-standard material to construct the building because, being illegal, there is no proper safety and regulatory guideline for the building.

If there is an illegal construction going on in your area, then you can report it to the concerned authorities. It is good to hire a lawyer, especially if the construction is taking place on your land, or if the illegal builder threatens you in any way. This can come under a criminal offence.

In case you are been sent a notice from the court for illegal construction, in this case too, it is good to choose a legal service so that you know what legal moves to take to protect your rights.

Landlord/Tenant Issues

Some of the commonest complaints that landlords have about tenants include:

Non-payment of rent
Late payment of rent
Too much noise and disturbance
Use of security deposit (many tenants cover this amount for the last month’s rent)
Who is to pay the maintenance (usually it is the landlord’s duty)
Damaging the property
Violating any rule of the agreement
Tenant threatening to file a lawsuit

If landlords have rights, then tenants have rights too.

Here are a few things that landlords CANNOT do:

A landlord cannot enter the property as and when they wish once they have rented it out. They must notify the tenant before any visit. Surprise checks are unlawful.
If the property is unlivable and its repairs exceed 50% of rent agreed upon, then the tenant has the right to evict the place in less than a month or even 15 days after giving a notice.
It is the duty of the landlord to provide basic amenities like electricity connection, water connection, parking, etc. They cannot disconnect these services even if the tenant does not pay the rent.
The tenant has the right to ask for a written lease agreement from the landlord. If he/she gives a verbal agreement, the tenant must refuse because verbal agreements cannot be enforced by the law.
No landlord can evict a tenant immediately, even if they have grounds to do so. They must provide a notice period, which generally is one month.
It is the right of a deceased tenant’s heir to continue with the tenancy. No landlord can ask them to evict without a notice or a good reason.

Builder Delay/Fraud

The builder-buyer agreement, which is signed by both parties during the finalizing of the real estate deal, mentions a specific date on which the builder promises to hand over the possession of the property to the buyer.

However, not everything goes as planned. Fraud builders do not keep their promise and when asked by the buyer about the delay, they cite financial reasons, lack of funds, and other reasons. Some builders even alter the design of the property without the buyer’s knowledge.

In case of a genuine reason for delay, the builder can ask for a time extension. However, if the builder fails to deliver the possession on the extended date, then the buyer can take legal action against the builder for delay in possession of property.

But, it must be noted that the buyer is liable to take legal action only when the delay is due to the builder’s fault; if the delay happened due to some natural calamity, such as fire, earthquake, or any other reason beyond human control, then the buyer cannot take action against the builder for delay.

Transfer of Ownership/Name Change

If a person is dead, then his/her property can be transferred on the basis of natural succession or will. In case there is no will, the immovable property gets devolved upon all the legal heirs in class 1.

As per the Hindu Succession Act, Class 1 heirs are:

Son/Daughter
Widow/Mother
Son/daughter of pre-deceased son/daughter
Widow of pre-deceased son
Son/daughter of pre-deceased son/daughter of a pre-deceased son/daughter
Widow of a pre-deceased son of a pre-deceased son

If the owner of a property is alive and wishes to transfer the ownership to someone else, he/she can do so through several instruments of transfer such as:

Transfer Deed
Sale Deed
Relinquishment Deed
Gift Deed and others

Gifting Of Property

Gifting of property is done under Section 122 of the Transfer of Property Act. It refers to gifting as: “…the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving, If the donee dies before acceptance, the gift is void.”

The purpose of gifting a property is gratuitous. The word “voluntarily” mentioned in the statement refers to unfettered will. This voluntary move combined with the absence of consideration or its expectation forms the key component of gift.

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Although you are gifting your property to somebody, it still needs to go through a proper legal discourse. Also, mere gifting is not enough. You must transfer the ownership from your name to the gift recipient’s (donee’s) name. Taking the help of legal service is a wise choice, as the lawyer will guide you in each step of creating the Gift Deed and doing everything correctly so that there are no legal issues in the future.

Municipal Corporation Issues

The Municipal Corporation has the responsibility of dealing with civic issues at the local level and its policies are directed by the 74th Amendment Act, 1992, of the Constitution of India.

A few of the municipal corporation issues include:

Scarcity of funds is the topmost issue. A major source of the income of corporation is different types of taxes.
Not being able to fulfill their duties is another important issue, as reported by the public and the government. Water supply, drainage facilities, garbage disposal, slum development, road management, and so on are a few responsibilities of the corporation and they are not being done properly.
Excessive control of the state government over the civic body. This has proved to be more of a curse than a boon.
Postponing of elections is yet another issue.
Failure to bring in the best talent to the corporation affects the functioning of the corporation. There is an urgent need to improve the recruitment process.

There are more issues and the above are only a few examples.

When a Municipal Corporation does not dispense its duties properly, the public has to suffer. If you feel the corporation in your area is not doing its duty correctly or is encouraging corruption, you can take action. For example, if the roads are in bad shape or if the street lights are of out order or any other issue is present, you can write a letter to the Municipal Corporation of your area.

You can also file a case against the Municipal Corporation under Civil Procedure Code.

Neighbour Dispute

A lot of issues can arise between neighbours. One of the common issues is playing loud music at odd hours or other such disturbances. You may tolerate it for some time; but there comes a time when such things become a nuisance.

Such kind of nuisance is stated in Section 268 of IPC. It defines nuisance as “when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.”

In this case, you can call the police by dialing 112. However, there are cases wherein the police takes no action maybe because the offending party is influential or some other reason.

In this case, you can file a complaint in the court of magistrate under Section 268 of IPC. A lawyer will help you in this.

In case you are sharing a common wall with your neighbour and they start construction and if this damages your property, then you have the right to confront your neighbour and ask for compensation for the damage. Although you cannot say anything about the construction, as your neighbour has the right to construct, you can certainly say when there is a damage to your property due to construction work.

If your neighbour does not listen to you and refuses compensation for your loss, then you can file a case against them under Section 425 of IPC. You can also file a suit in a civil court for declaration and mandatory injunction and can claim damages in the same suit.

If your neighbour uses your parking space or any part of your property without permission, then you can file a case under Section 441 of IPC that deals with criminal trespass in the court of magistrate in the situation that he/she does not listen to you.

RERA

Objectives of RERA are as follows:

To safeguard interest of the home buyers
To maintain transparency and, thus, decrease the chances of fraud
To bring professionalism in the real estate sector and Pan-India standardization
To encourage the exchange of correct information between buyers and sellers of property
To increase reliability in the real estate sector and, subsequently, increase confidence among buyers and investors

RERA offers a unified legal regime for purchasing and selling property and endeavours to standardise the practice throughout the country. Buyers can also file a complaint under RERA in case the seller or the builder does some fraud, delay, or any wrongful act with regard to property and money transaction.

As per Section 31(1) of the Act: “Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder, against any promoter, allottee, or real estate agent, as the case may be.”

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There is a particular procedure of filing a complaint against a fraud property seller. Besides RERA there are also other property laws. Choosing a legal service can be a wise decision because the lawyer will help you file a complaint at the appropriate authority and in the right manner.