Property disputes are one of the most common legal issues worldwide, often arising due to unclear ownership, inheritance disagreements, or fraudulent transactions. Resolving these disputes requires a thorough understanding of property laws, rights, and the legal process.
Common Causes of Property Disputes
- Inheritance Issues: Conflicts over division or ownership of ancestral property.
- Boundary Disputes: Disagreements over the demarcation of property boundaries.
- Co-ownership Conflicts: Disputes between joint owners over usage or sale of property.
- Illegal Possession: Unauthorized occupation or encroachment on property.
- Fraudulent Transactions: Sale of property by someone other than the rightful owner.
- Non-Performance of Agreements: Breach of terms in sale or rental agreements.
Types of Property Disputes
- Residential Property Disputes: Pertaining to houses, apartments, or plots.
- Commercial Property Disputes: Related to shops, offices, or industrial units.
- Agricultural Land Disputes: Involving farmland, grazing land, or rural properties.
- Ancestral Property Disputes: Concerns over inherited property shared among family members.
Legal Framework Governing Property Disputes in India
- The Transfer of Property Act, 1882: Regulates property transfer and ownership.
- Indian Succession Act, 1925: Governs inheritance and succession rights.
- Hindu Succession Act, 1956: Covers inheritance rules among Hindus.
- Specific Relief Act, 1963: Provides remedies for breach of property-related agreements.
- Real Estate (Regulation and Development) Act, 2016 (RERA): Protects homebuyers and ensures transparency in real estate transactions.