A joint family culture exists in India so is the dispute over property. The war on property does not limit to any specific income strata. People from rich families to low-income groups have property disputes. In this blog, we’ll discuss how you can handle a property dispute with a family member. And if litigation is required, which property lawyer in Chandigarh can you contact?
What do you mean by property dispute?
Property dispute refers to the disagreement over the ownership of movable or immovable property. In India, Property disputes generally take place between two or more male children of a parent regarding the inheritance of the property.
Types of Property
- Ancestral property– Ancestral property is a property that is inherited by a family from their parents/forefathers. If there is a will of ancestral property, the property will be inherited by the person whose name/relation is mentioned on the will. And in absence of a will, all family members will have equal rights to claim the property.
- Self-acquired property- Self-acquired property is defined as belongings that a person has earned or created for himself. Self-acquired property can only be passed down through a will from the owner to the beneficiary. On self-acquired property, no one can demand their ownership rights. If the owner dies without leaving a will, however, it becomes ancestral property.
Reasons for Family Disputes–
- If the parents have not left the will for their children.
- If a property is purchased together with a family member.
- One member may want to rent out the property and another wants to give it in rent/sell.
Methods to resolve property disputes in India-
- Mutual Agreement– If both parties agree, they can resolve their dispute by settlement/ mutual agreement. In the settlement, both parties must sit with one another and agree on how to divide the assets and property. This entails the split of both moveable items like jewelry and immovable items like land.
Families occasionally call an impartial third party to uphold discipline during the procedure. Such an impartial third party can assist the parties in reaching a win-win conclusion. You should draft a settlement agreement once the family members have mutually agreed upon a distribution. This settlement agreement should be signed by all family members.
Advantages of Mutual Agreement/ Settlement
- Settlement is a fast way to resolve disputes.
- Equal distribution of wealth.
- It helps in maintaining peace and goodwill in the family.
- Litigation- If a property dispute cannot be solved with a settlement, then you can approach the courts to get a solution. Litigation is nothing more than going before the courts to settle property conflicts. This entails attorneys, court fees, and frequently a sizable length of the delay. In the first case, unrelated parties will typically turn to lawsuits.
Litigation is a long-term dispute resolution method that involves court procedures and processes. Only pursue litigation if you have all the necessary papers, including the title and legal title, and your attorney believes you have a good chance of succeeding. You can consult property lawyers in Chandigarh to understand your chances of succeeding.
Sometimes, Courts have been known to order parties to settle out of court. This settlement is under court supervision.
Why you need a property lawyer
When there is a disagreement over family property, the law and the legal system can occasionally become complicated to understand. In such a situation, one might not be aware of how to identify the legal problem, the subject matter of the issue, if going to court is necessary, or how the court process operates. You can better understand your options and gain the confidence you need to choose your course of action legally by consulting with a lawyer and seeking some legal counsel.
You can contact “Lex solution”, one of the promising law firms in Chandigarh. Experienced lawyers from Lex Solutions will give advice and guidance on how you can handle property disputes. Even if you are not from Chandigarh, you can avail of lex solution services as they have a PAN India network with lawyers. They have handled numerous property dispute cases of Indians who are living in India or abroad.
Consequences of Delayed action on property disputes
Property disputesnowadays are very common, and sibling property disputes are a typical occurrence. Property-related legal conflicts affect people at all socioeconomic levels, whether they are from wealthy or low-income families. Even the strongest will can be questioned by dissatisfied beneficiaries, and the property’s ownership can be disputed for years before being settled in court. Therefore, it is crucial to resolve the issue as quickly as possible by hiring the best lawyer for property disputes, who can advise you on the matter and assist you in obtaining your portion of the property quickly and efficiently.
Property disputes can lead to negative consequences. By mutually agreeing to divide property, it is simple and peaceful to prevent this type of issue, but the settlement does demand that the agreement is carried out in due diligence and also with free consent. And if you want to solve the dispute with the interference of a professional, then you can hire a professionalproperty lawyer in Chandigarh from Lex solutions.
Frequently Asked Questions
- Can we sell a property that is in dispute?
No, you do not have the ownership to sell the property till the time dispute is resolved. And you can solve property disputes by mutual agreement or by taking help from a lawyer.
- Where can I find the best property lawyer in Chandigarh?
You can find the best property lawyer in Lex Solutions in Chandigarh. They have a team of experienced lawyers who have years of experience in handling cases at tribunals, high courts, and the supreme court of India.
- Can you fight a property dispute case without a lawyer in India?
Yes, you can represent your case with the permission of the court, but having a professional lawyer will increase your chances of winning. As property & real estate laws are difficult to understand and a professional with the right knowledge will be able to present your case better in front of the court.
- How do I file a property dispute in India?
You can register your complaint at your nearest police station. Draft your complaint by taking guidance from a property lawyer in Chandigarh. Briefly explain your issues and all the relevant details of land information, property documents, and tax receipts to show the validity of your ownership.