Yato Dharmastato Jayah
- motto supreme court of India
- motto supreme court of India
Yato Dharmastato Jayah - motto supreme court of India
Vidya Devarajan
B.Sc., L.L.M, Master's in Cyber Law
Advocate at High Court of Madras
Trusted Legal Advisor in Chennai
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Property Disputes
FAQ: Ownerships and Disputes
How do I prove the ownership of my property?
Ownership is usually proven with a registered title deed, property tax receipts, utility bills, and sale deed/parent document or will, showing that you have purchased or inherited the property.
What is a legal heir certificate, and why is it important in property disputes?
A legal heir certificate is a document issued by the government that lists the legal heirs of a deceased person. It is important for claiming the property of the deceased, transferring ownership, or settling inheritance disputes.
What is a stay order in property disputes?
A stay order is a court-issued temporary suspension of any transaction or activity related to the property in question. This means no sale, construction, or modification can take place until the dispute is resolved or the stay is lifted by the court.
What if my property was acquired under a road-widening project without prior notice?
You discover that part of your land was acquired for road-widening, but you were not served any legal notice. You can challenge the acquisition by a civil suit and demand either compensation or the return of the land.
What happens if a government acquires my land without fair compensation?
The government acquires your land for a public project, but the compensation offered is far below market value. You can challenge the acquisition under the Land Acquisition Act, 2013, seeking fair market value and appropriate compensation.
Can I resolve a property dispute without going to court?
Yes, property disputes can be resolved outside of court through mediation, arbitration, or mutual settlement. In fact, mediation is encouraged to avoid lengthy court processes.
FAQ: Encroachments
Can I file a case if my property has been encroached upon?
Yes, if someone has illegally occupied or encroached on your property, you can file a civil suit for possession or an injunction to remove the encroachment.
What if my neighbor claims a part of my property based on a faulty boundary?
Your neighbor suddenly starts building a fence that encroaches on your land, claiming the boundary is incorrect. You can file a case for demarcation of boundaries and an injunction to stop further encroachment.
FAQ: Real Estate Fraud
What happens if a property is sold to multiple buyers?
If a property is fraudulently sold to multiple buyers, the person with the first valid and registered sale deed usually holds the rightful claim. However, other buyers can file a suit for fraud and claim compensation from the seller.
What should I do if I discover that my ancestral property was sold without my knowledge?
Imagine a scenario where your cousin sells your shared ancestral property without informing you. You can file a suit for cancellation of the sale deed on the grounds of fraud and lack of proper authorization.
What if I bought a property but later found out that it was already mortgaged?
You can file a police complaint for cheating if the mortgage is intentionally hidden from you. If there’s a risk that the bank might auction the property to recover its loan, you can seek a temporary injunction from the court to stop the bank from acting until the dispute is resolved. If the mortgage itself was created fraudulently (e.g., without the real owner’s knowledge), you can challenge the mortgage in court and seek to have it declared null and void.
Can I challenge a fraudulent property sale involving forged documents?
You find out that your property was sold using forged signatures on the sale deed. You can file a suit to cancel the sale and report the fraud to the police for criminal prosecution.
Can a registered sale deed be challenged in court?
Yes, a registered sale deed can be challenged in court on grounds such as fraud, misrepresentation, undue influence, or lack of authority.
Can a registered property be challenged in court?
Yes, a registered property can be challenged in court if there is evidence of fraud, misrepresentation, or if the property was sold without proper authority. A suit can be filed to cancel or declare the sale deed void.
FAQ: Construction Issues and Easement Rights
Can I stop my neighbor from constructing a building that blocks sunlight to my house?
Suppose your neighbor begins constructing an additional floor that blocks sunlight to your home, affecting ventilation and your quality of living. You can file a suit for an injunction to stop the construction
Can I claim compensation if my builder delays handing over possession of my apartment?
Yes, as a buyer, you can file a case under RERA (Real Estate Regulation and Development Act, 2016) for compensation due to delay or demand a refund.
How can I stop illegal construction on my land?
If someone starts construction on your land without permission, you can immediately file an injunction to halt construction and a suit for possession to reclaim the land. Depending on the situation, you may also file a criminal complaint for trespassing.
FAQ: Joint Ownership of Property
Can I prevent my co-owner from selling a jointly owned property without my consent?
Suppose you co-own a piece of land with your brother, but he tries to sell it without your consent. You can file an injunction in court to prevent the sale until both co-owners agree.
You can serve a legal notice to your co-owner demanding payment. If they still refuse, you may file a suit in court to claim their share of the maintenance costs. In some cases, the property can be partitioned to avoid further disputes.
What are the rights of a co-owner in a jointly owned property?
Co-owners have equal rights to the usage, enjoyment, and sale of the property, unless stated otherwise in a legal agreement. Each co-owner’s share is typically divided equally unless specified differently in the sale deed or partition agreement.
No, you cannot be forced to sell your share of jointly owned property without your consent. However, a co-owner can file a partition suit to divide or sell the property
FAQ: Non Resident Indians
Yes, you can appoint your lawyer through a General Power of Attorney to handle legal disputes concerning your property in India. The GPA must be notarized and attested by the notary of your residence abroad, and it must be registered in India for your lawyer to act on your behalf in legal matters.
Can NRIs (Non-Resident Indians) file property disputes in India?
Yes, NRIs have the right to file property disputes in India, just like any other Indian citizen. NRIs often face challenges such as illegal possession or fraudulent sales of their property in India, and they can pursue legal action to reclaim their rights.
** the answers provide above are generic questions we've received from our clients. We advise you to contact an advocate and get a legal advice for your situation before proceeding with any further actions.
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