Dealing with joint property ownership conflicts can be difficult and emotionally draining, especially in India where family relationships and property are intricately entwined. Additionally, statistics show that 66% of all civil cases in India include land or property conflicts. Mostly, disagreements among co-owners for a variety of reasons frequently lead to joint property ownership disputes India.
And, are you struggling with a similar problem and unsure of your next move? If so, you have come to the right place. This blog aims to provide legal insights and solutions to help individuals navigate through joint property ownership disputes in India.
| Table of Contents: 1.What is a Property Dispute? 2. Know about a Joint Ownership Property 3. Key Solutions for Resolving Joint Property ownership disputes 4. Summing Up 5. FAQs |
What is a Property Dispute?
It is a kind of real estate-related legal conflict that results from differences over property borders, including who is responsible for fixing construction flaws, blocked views, legitimate ownership, zoning concerns, etc. And, the property lawyers Chandigarh, available at Lex Solutions attempts at offering the greatest solutions to such problems, which involve any form of real estate, from houses and apartments to vacant lots and highways.
Varieties of Property Disputes
The following list includes some of the common types of property disputes:
- Misuse of rent/lease property
- Property dispute between Brothers
- Property disputes involving inherited or willed properties
- Conflicts between developers/builders and purchasers-
- Disputes relating to the property’s title
- Joint property Dispute
Know about a Joint Ownership Property
Co-purchasing real estate is referred to as joint ownership. And, the several kinds of shared property ownership are covered below:
- Tenancy in Common
In this type, co-owners do not disclose their respective ownership interests when purchasing the property. Tenants-in-common will each have an equal claim to the property while they are still living, but ownership would not immediately transfer to the surviving co-owner in the event of the death of one co-owner. The best lawyer in Chandigarh, however, can assist you in comprehending the conditions that will determine how the property will be divided later.
- Joint Tenancy
It can be interpreted as the type of property ownership when each co-owner has an equal stake in the property. Moreover, in a joint tenancy, the right of survivorship is essential since it determines who receives the shares of the co-owner who dies first. Joint tenancy co-ownership does not, however, have to be mandatorily between family members.
- Tenancy in Entirety
This type of shared property ownership involves married couples jointly owning a property. However, in this case, the other spouse’s consent is unavoidable if one of the spouses intends to change his or her interest in the property. Also, in the event of death, the shares of one are transferred into the name of the other. Moreover, a property lawyer in Chandigarh can help you with the greatest information on this type of joint ownership.
- Coparcenary
This idea is unique to the Hindu religion and states that after a few generations of cohabiting or jointly holding an ancestral property, people are entitled to a share of it through birth or adoption. As a coparcener, both sons and daughters are equal shareholders in the ancestral property.
Key Solutions for Resolving Joint Property Ownership Disputes
The legal consultants in Chandigarh attempt to assist you with disagreements over joint property in India, which calls for a full comprehension of the legal structure and a methodical approach to resolve these conflicts. Let us now examine how to settle joint property disputes, summarising the initiatives concerned and emphasising alternative resolution techniques:
- Understand the Legal Framework
Understanding the pertinent laws and rules regulating property disputes in India, such as the Transfer of Property Act, the Indian Succession Act, and the Registration Act, is the first crucial step to efficiently resolving such conflicts.
- Gather Documentation
Collect all pertinent information, such as property deeds, contracts, receipts from sales and purchases, and other proof of ownership as well as other legal details about the disputed property.
- Mediation and Negotiation
In mediation, a neutral third party is chosen to mediate discussions between the conflicting parties to find a solution that is acceptable to both parties. Conversely, negotiation entails face-to-face discussions between the parties involved. And, selecting these strategies by consulting with the best lawyer for property disputes can lessen animosity as well as save time and money, particularly in joint property disputes.
- Legal Notice
The next stage is to serve a legal notice on the opposing party if mediation and negotiation fail to result in a satisfactory conclusion. Additionally, the legal notice must specify the nature of the property dispute, the preferred outcome, and a deadline for responses. The opposing party is given a set response period, after which legal action may be brought.
- Filing a Lawsuit
To resolve the joint property issue, it becomes necessary to file a lawsuit by looking for “the best real estate lawyer near me” after all other means of resolution have failed. However, the lawsuit should include a description of the specifics of the property dispute, supported by the necessary paperwork and proof.
- Gathering Evidence and Presenting Your Case
It is essential to provide strong proof in support of your claim during the court procedures in the property dispute. This could consist of deeds to real estate, witness accounts, professional judgements, and other pertinent proof.
- Appeals and Out-of-Court Settlements
You have the option of appealing to a higher court if the decision is not in your favour. But, before appealing, it is crucial to thoroughly weigh the implications and speak with a lawyer. In addition, parties involved in joint property ownership disputes India can decide to resolve it outside of court through arbitration or a settlement agreement, which will help to protect privacy, besides saving money, and time.
Summing Up
Overall, understanding the legal framework and effective resolution methods can help ease the process of joint property ownership disputes India. Also, to secure a just and legally binding result, consulting with legal experts who focus on property law is strongly advised. Above all, you should remember that joint property ownership issues in India are frequently effectively resolved by open conversation and a willingness to compromise.
FAQs
- What distinguishes the Indian Succession Act from the Transfer of Property Act?
The Transfer of Property Act specifies the rights, obligations, and responsibilities of co-owners or co-tenants. Whereas, the Indian Succession Act deals with how property is distributed when a co-owner passes away. Both these acts aid in the settlement of joint property ownership disputes India.
- Can Lex Solutions assist to resolve joint property ownership disputes India from abroad?
Even if you reside overseas, Lex Solutions can help you resolve joint property ownership disputes India. They also have a group of legal professionals who offer guidance to NRIs residing in the UK, USA, Australia, Canada, or the United Arab Emirates.
- What is the drawback of joint ownership?
Regardless of whether the relationship is personal or professional, holding joint ownership can be a significant disadvantage. For instance, if a couple or company partners don’t agree, neither can sell or mortgage the asset without everyone’s approval, thereby giving rise to joint property ownership disputes India.
- What should you remember before selling the ancestral property?
The owner of the property should demonstrate a partition deed or a valid will to prove that it is in his/her name. Additionally, all pending taxes on an ancestral property should have been paid before selling it.