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Property Dispute

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What does Property dispute means

Property dispute is a mean of legal dispute that includes real estate. Real estate dispute attorney often begin from disagreements over property lines, responsibility for repairs on construction, blocked views, rightful ownership, zoning issues, or who is at fault for property damage.

What is the purpose of the property dispute Act?

This Act defines the transfer of property in India and forms the legal basis for determining and resolving disputes. Moveable property is also subject of dispute most of the property disputes in India are related to immovable property such as land or a house.

Ways to Resolve Property Disputes in India

In India, there are two ways in which you can resolve property disputes:

  •   Settlement
  •   Litigation

Settlement:
The settlement includes all the family members sitting across the table and mutually deciding how the assets/property would be divided. Division of not only immovable property but also moveable property takes place in the settlement. Sometimes, a neutral third party is involved in order to maintain discipline during the process The third party can help the parties arrive at a mutually advantageous outcome. In order to draw up a settlement agreement a mutual division is agreed upon by the family members, The settlement agreement should be sign by all family members.

Litigation:
Litigation is process approaching the courts to solve the property disputes among family members. This includes lawyers, court costs, etc. In the first instance unrelated parties resort to litigation. Litigation includes court processes and procedures and take a long time to solve the dispute. In the process of litigation you must have all the documents, including the title deed, and your lawyer advises you that you have a strong chance to win. Sometimes order has been passed by the court for the parties to settle outside court. This is a called court-monitored settlement

Property Partition Laws in India
The Partition Act (1893) gives the authority to claim rights over his/her shares. The partition laws in India depend upon the personal laws of the person. This article mainly deals with the kinds of property that can be divided and the methods of the partition of the property in brief.

Indian Succession Act, 1925
The Indian Succession Act is divided into two succession testamentary succession and intestate succession. In the Testamentary succession is a person makes a written document called ‘Will’ as to whom his property will go after his death. If there is no such written document, the properties of the departed would be administered according to his religious law and this is known as Intestate Succession.

Hindu Succession Act
Hindu Succession Act control the Hindus as the name says. This Act, says that the person who converts into any other religion can still claim his share in the inherited property. But this situation was applicable earlier. In earlier days , if any person reject the Hindu religion or converted into another religion, he could not claim his right in the inherited property but the change was brought through the Caste Disability Removal Act and thus , now such persons under-protected under Law.

Kind of Properties can be partitioned
There are two kinds of properties that can be partitioned as per the Property Partition Laws in India:

Self-Acquired Property
Ancestral Property

Self-Acquired Property
Self-acquired property may be a that type property which an individual acquires together with his own earned money and isn't inherited by his ancestors. This also includes those property received by gift or will is also considered as a Self- Acquired Property. This type of property cannot be divided during the lifetime of the person who has received it.

Ancestral Property
The property which is received by a person’s ancestors is termed as ancestral property. This property must be four generations old. A person who is born in that family has an interest in the property and has received the property by the righteousness of his birth in the family those type of property can be divided.

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