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Types of property disputes encompass a wide range of conflicts arising from various aspects of property ownership and use. These disputes often involve complex legal proceedings and require thorough documentation and legal expertise to resolve. Understanding the nuances of each type can help in effectively managing and mitigating such conflicts.
Landlord-tenant disputes are a common type of property dispute in India, often arising from issues such as rent defaults, unauthorized subletting, property damage or eviction procedures. These disputes are primarily governed by the Rent Control Acts specific to each state, which stipulate the rights and obligations of both landlords and tenants. Legal remedies for landlords include filing for eviction, claiming unpaid rent and seeking compensation for property damage. Tenants, on the other hand, are protected against unlawful eviction and have the right to a fair hearing..
Property boundary disputes are a significant type of property dispute, typically arising from unclear or inaccurate property boundaries. These disputes often occur between neighbors and involve disagreements over the actual distinction of property lines. Such conflicts can lead to legal battles where each party presents evidence such as property deeds, land surveys and historical records to establish rightful ownership.
Builder-buyer disputes are a common type of property dispute, often stemming from delays in project completion, substandard construction or failure to deliver promised amenities. These disputes usually arise when builders do not adhere to the terms of the agreement, leaving buyers in financial and emotional distress. The Real Estate (Regulation and Development) Act, 2016 (RERA) provides a regulatory framework to address these issues, offering buyers a platform to file complaints and seek redressal. Legal remedies include refund claims, compensation for delays and enforcement of contractual obligations.
Disputes over inherited or willed properties are a frequent type of property dispute in India. These conflicts arise when there are multiple heirs to a property and disagreements occur over the division or legitimacy of inheritance claims. Under the Indian Succession Act, 1925, Hindu Succession Act, 1956 and other laws personal laws property distribution follows either a will’s directives or the rules of intestate succession if no valid will exists. Such disputes often involve contesting the will’s validity, claims of undue influence or challenging the interpretation of the will’s terms. Ensuring a clear and legally sound will can prevent many of these disputes.
Adverse possession disputes are another type of property dispute in India where an individual claims ownership of property by continuous possession without the legal owner’s consent. Under the Limitation Act, 1963, if a person occupies property openly, continuously and hostilely for a statutory period (typically 12 years), they may claim legal ownership through adverse possession. These disputes often involve presenting evidence of continuous and uninterrupted possession.
Title disputes are a significant type of property dispute in India, arising when there are conflicting claims over the ownership of a property. These disputes often stem from issues like forged documents, fraudulent transfers, or errors in property records. The Transfer of Property Act, 1882, and the Registration Act, 1908, provide legal frameworks to resolve such disputes, which typically require thorough examination of property deeds, title documents and historical records
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