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What is the role of the property title deed in a dispute in India?

What is the role of the property title deed in a dispute in India?

Published At June 25, 2024

Answer

In India, a property title deed is a critical document in resolving property disputes. It serves as proof of ownership and outlines the legal rights associated with the property. When a property dispute arises, particularly over ownership or boundaries, the title deed is often the primary evidence used to establish rightful ownership.

A registered title deed, such as a sale deed, provides a presumption of valid title, meaning it is accepted as conclusive evidence of ownership unless proven otherwise. This is supported by Section 54 of the Transfer of Property Act, 1882, and Section 17 of the Indian Registration Act, 1908, which mandate that the sale deed of immovable property must be registered to be enforceable.

However, disputes may arise if there are allegations of fraud, coercion or misrepresentation related to the title deed. For instance, a party might claim that the deed was executed under force or that it does not reflect the true nature of the transaction. In such cases, the onus is on the challenging party to prove these claims, which often necessitates a detailed legal examination and could involve court proceedings​.

Given the complexity of property laws and the potential for lengthy litigation, it is advisable to seek the expertise of a property dispute lawyer in India. These legal professionals can help navigate the intricacies of the law, provide representation in court, and work towards a resolution, whether through settlement or litigation​.

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