DEVAN LAW ASSOCIATES

LAND AND PROPERTY DISPUTES

There are problems, whether legal, personal or professional related to every aspect of our lives. The real challenge lies in facing those problems and solving them with aplomb. Some of the major problems are legal. Devan Law Associates gives the solution how to solve it by legally.

In the same way, there may be legal problems related to your property transactions for which you have to be extra cautious. Below are mentioned some of the major issues, which can crop up while conveyancing and also the suitable solutions.

  • There may be legal problems related to the ownership of property. There are people who can produce fake documents to present themselves as sellers of properties. In the same way, there are fake buyers of properties as well. To avoid any legal hassles, either make full enquiries before undertaking any property transaction or if you are faced with any legal issue after acquiring the property then consult an efficient legal consultant to sort out your problems.
  • Don't undertake the act of presenting your case yourself as unless you are well-versed with the property laws, you may make a fool of yourself. If you are buying your property, make sure you have all the proper legal documents in place so that you are not a victim of a legal case for selling un-owned or illegal property.
  • Make sure, before selling or buying a property that the property is cleared of all debts. If you are a buyer, make sure to clear your property of all debts as it can lead to a case of cheating. For making sure that all your debts are paid and your property is cleared of all legal issues, consult a suitable property lawyer. He/ she will help you in sorting out your financial matters. If you are a seller of property, same applies to you. Before purchasing the property, consult a property lawyer who will check the buyers' property papers and guide you through the entire process.
  • If you are a buyer, make sure to take the help of an efficient property lawyer in verifying the urban classification of the land on which the property was built. If any related problems crop up, always consult a lawyer specializing in these matters who can take you through the process. It is important that you consider these matters before actually finalizing any property.
  • There can be legal problems related to registration of property. If you are faced with problems connected to registration of your acquired property, make sure all your documents are in proper order and then consult a lawyer who is a specialist in these matters and who can give proper guidance in handling these issues.
DEVAN LAW ASSOCIATES

Property dispute between blood relations

A family property dispute is no less than a battlefield with extreme drama and potentially even bloodshed unless it is settled amicably among the family members. Property disputes are not limited to just one strata of the society, it is common everywhere including humble income households to extravagantly rich families, which is why property disputes is an extremely common occurrence among Indian families. And the only apparent solution that most families find is the way towards courts by getting stuck in litigation rather than settling down the dispute amicably which is where these people don’t realize that litigation is not just expensive but at the same time a tedious procedure. Besides this, there is guaranteeing to get a satisfactory outcome from litigation either.

Therefore, the best option is to try and settle family disputes pertaining to property amicably to be in a win-win situation and without breaking the family ties.

DEVAN LAW ASSOCIATES

Let us understand the concept of family settlement:


What is family settlement?

A family settlement is precisely a mutual agreement between family members regarding the distribution of property assets among themselves. The parties to this family settlement must be related to each other and must have a legal right to share in the property in question.

Moreover, a family settlement may or may not be limited to property, but can also enclose movable assets like cash, money in bank accounts, cars, bikes, jewellery, etc. However, a family settlement agreement is ordinarily used to amicably settle common property or joint property that a family owns as against self- acquired or individual property.


Property partition through family settlement agreement

A family settlement is a mutual agreement among family members, ordinarily made to completely prevent getting involved in court battles by splitting up the family property through mutual understanding among the family members.

The family settlement agreement is supposed to have the same format as that of a partition deed. Apart from this, it is not mandatory to register and stamp the family settlement agreement.


What are the advantages of a family settlement?

A family settlement is highly beneficial for:

  • those who do not wish to get involved in unnecessary court battles that may or may not get messy ultimately,
  • Achieving swifter and more conflict free way of settling family disputes.

Procedure of a family settlement agreement

A family settlement is a peacemaking procedure where an outsider, generally a senior family member or a lawyer, counsels, assists as well as guide the entire family to arrive at a mutually acceptable solution regarding the property dispute.

Additionally, this family settlement agreement does not necessarily have to be a single legal document comprising the entire division of the family property when it can also be a bunch of legal documents analysing the property rights of every family member.

As per the provisions of the Income Tax Act of 1961, a settlement agreement is neither a transfer of property nor a gift. As a result, exclusive transfer of property documents will also have to be pulled out with the said family settlement agreement to be able to execute an actual transfer of property.


Family settlement/ Partition suit in family disputes pertaining to property

The first step towards any litigation including a partition of property suit is to carefully draft and send a legal notice to the other legal heirs of the property related to family property partition/ settlement.

The legal notice for such a partition must mention the shares of each co-owner (legal heir), entire details of the property in question as well as the required action that has to be taken.

In case the co-owners fail to reply to the legal notice or in case the co-owners send a vague reply, a partition suit can be filed in the court where the jurisdiction of the property would lie.

A suit for partition of property is a court case filed when all of the co-owners fail to mutually agree to the terms and conditions towards property division, and when either of the co-owners wish to divide the property according to their shares in the property.

The first step for the court is to analyse and determine whether the person/ co-owner who have approached the court to file the partition suit has the genuine claim in the disputed property or not. Eventually, once the right to share in the property is established and no extra inquiry is further required, then the court may allocate individual ownership of the property to the rightful co-owners of the property.

In case, the property cannot be divided solely on the partition suit, the court has the authority to order an inquiry. This inquiry is conducted to pass a introductory decision for the appointment of a Commissioner who then evaluates the property and presents an official report. The court then establishes each share of every co-owner solely on the basis of the report by the Commissioner and distribute the property according to each co-owner’s rightful share in the property.



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