What are the various kinds of property disputes in India? What are the laws to resolve these property disputes?

Author: Sachin Gupta | Find me on Twitter Follow @sach_gupta

Since time immemorial, property disputes of various kinds have resulted in tension and altercations among parties involved. The parties involved could be family members fighting for ancestral property, buyer and a real estate developer, illegal authorization of a property by someone who does not possess the property titles, cooperative housing society, or buyer and a lender, etc.

There could be multitudes of reasons for property disputes such as title certificates, illegal possession, transfer, mortgage, wrong land use, contractual, rental, etc.

All of these property disputes can create lot of trouble for the buyer or for the person holding property titles. And therefore, taking a legal route to resolve these issues becomes the eventual option. In India, state governments as well as central government have passed various laws in the parliament to resolve property related issues.

What are the various kinds of property disputes in India? What are the laws to resolve these property disputes? What kind of law is applicable to your specific property related dispute? We present them below:

Property dispute in india from Green Realtech Projects Pvt. Ltd

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5 Factors You Must Consider before Buying Plots

Whether looking to buy plots for your dream house in popular cities such as Mumbai, Delhi, Chennai, or Hyderabad, or simply making an investment in one, it is important to consider the following factors before making any rushed purchase:

1. Checking, verifying licenses and certificates

Tiresome as it may sound; getting some specific licenses checked and verified by a consultant is of prime importance before buying a plot. These include:

1. Title deed: This is a legal document that shows you have the right to the ownership of the plot. Before buying, confirm that the deed from the seller (or re-seller) has full right to the ownership of the property, and that it meets all necessary approvals from the authority.
2. Encumbrance certificate: It is a proof that the property is free from all/any monetary and legal liabilities. It also shows that the property can be sold as free title and that there isn’t any problem associated with the ownership. Ensure that this certificate says the land is free from the earlier-mentioned dues or liabilities.
3. Release certificate: This is important especially when dealing with resale lands. This certificate, which you get from the bank you have pledged a loan from, shows that the land you are about to buy is clear from all impending loans. It shows that any loans on the land in question have been repaid.
4. Property tax receipts: Any bills from the owner that haven’t been paid for, for a land on resale are shown on these receipts. Ask for tax receipts from the owner to ensure there isn’t payment pending from the original owner.
5. Approvals: Make sure that the land-use is permitted as per the city plan. You can get this from the local pubic-body office in your city. Additionally, ensure that the plot layout has been approved by the local body and the development corporation.

2. The wrong impression of renting the property

You may buy a particular land thinking you will cover the EMIs through renting the land. It may be a miscalculated or erroneous approach, as experts say rental benefit on residential properties is a meager 2-3%. Secondly, it may require a much longer duration than expected to rent out your property.

3. The right buying cost

When asking a broker about the plot, ensure that he or she tells you the final cost of the plot and not just the basic one, as such is the case many a time. They may keep you in the dark with respect to extra costs such as, but not limited to: Service tax, preferential location fees, development fees, etc.

4. Look out for available plans

You may be eligible for a guaranteed rental scheme that lets the developer pay you rent during construction of the plot, for a fixed period. Then there is another scheme that lets the developer pay you after the possession. In such cases (and schemes), the properties are generally located outside the city limits.

The fact of the matter is that you need to be aware of all the available schemes or plans before making the payment for your plot. While some may benefit you, some may also result in loss such as subvention schemes where the price is generally 10% higher of normal.

5. Constructing costs

When choosing to make your house, consider these for the construction costs:

• Home designing plan of the architect
• Contractor’s fee
• Labor cost
• Interior fittings such as tiles, bathroom fittings, etc.
• Building material costs

It’s wise to pay more towards the initial cost for building your house than to spend extra money at the time of reparation or maintenance.

Whether you plan to buy plots in Hyderabad or an apartment in Mumbai, you must consider these factors to make a wise decision.

This is a guest post by Dinesh Dawde