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What are the remedies available for property disputes in India?

What are the remedies available for property disputes in India?

Published At June 24, 2024

Answer

Property dispute cases in India can arise from various sources, including conflicts among family members, issues between buyers and sellers, landlord-tenant disputes and problems related to real estate transactions. The legal remedies for resolving these disputes generally fall into two main categories: settlement and litigation.

  • Settlement: This approach is often preferred, especially in disputes involving family members. Settlement involves negotiating an agreement that is acceptable to all parties. Mediation is a common method used in settlements, where a neutral third party facilitates discussions to help reach a mutually agreeable solution. There are other ADR methods from which one can get the dispute resolved amicably Settlement agreements should be documented and signed by all involved parties to ensure enforceability. This process is cost-effective and faster compared to litigation, and it helps avoid lengthy and expensive court procedures​​.
  • Litigation: When settlement is not possible, parties may resort to litigation. This involves filing a case in the appropriate court to resolve the dispute legally. The litigation process is governed by several laws, including the Transfer of Property Act, 1882, which provides the legal framework for property transfers and dispute resolution. Other relevant laws include the Specific Relief Act, 1963, for enforcing contracts and the Hindu Succession Act, 1956, for inheritance disputes. Litigation can be time-consuming and costly, and it is recommended to proceed with this option only if there is a strong legal basis and sufficient documentation, such as title deeds.
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