Disputes as regarding immovable property;introduction:Fraud and disputes related to immovable property in India are serious challenges associated with

Indian Real Estate. The ignorance on the part of the investors, buyers, purchasers regarding property laws and property rights have made them succumb to property disputes and fraudulent dealings. In India, Real Estate transactions are executed under written legal documents which require compulsory Registration. A slip in adhering to this rule would lead to misunderstandings, different interpretations and litigation. The sheer number of cases filed in property matters goes to show that scrutiny and drafting of various legal property documents are major areas of improvement. Most of the times it is the failure on people's part to take extra care for tracing the title of the disputed property that leads to various types of litigation. Varied forms of disputes can be associated with property related dispute matters including: agreement disputes, boundary disputes, dispute over division of property, dispute over property rights. The information provided in this section may supplement the legal advice given by your servicing real estate dispute resolution lawyer. Legal tips provided in this section may help you in cutting legal costs associated with land use and property disputes. So, read on and resolve a property dispute in hand with your dispute resolution lawyer. If you are bogged down by the behaviour of a tenant who was renting your property refusing to vacate the premises even after the expiration of the lease, if the idea of making frequent trips to India regarding a prolonged land/property dispute in your home town daunts you or if you are stuck in a dispute with respect to a specific property including estate dispute over property and seeking a quick legal dispute settlement please do not hesitate to get in touch by putting your query through to us by filling our "Have A Lawyer Contact You" form.We will advise you and assist you in bringing your case to the Indian courts for any Real Estate or land related issue in India that you are facing. To clients based outside India, our legal experts on property dispute laws in India can provide actual representation.Our approach is to make an accurate assessment of your problem and advise you on the solutions available to you peculiar to your situation within the Indian legal framework. We can also make available to individuals and corporations planning to purchase or sell property in India, legal advice and assistance on how to validate clear title proofs for a property, etc.

Types of Immovable Property Disputes in India

Many types of disputes can arise out of a property transaction. In fact, the variety of property and land related legal disputes and problems that can and have often arisen in the Indian Real Estate scenario are astounding. Some are discussed below: 1)Landlord And Tenant Disputes: The disputes may arise due to non-payment of rent, enhancement of rent, fixation of fair rent, eviction of the premises or for any other reason. If the matter falls within the jurisdiction of the Rent Controller, one may have to file petition only before the Rent Controller for relief. 2)Disputes concerning Stamp Duty and Under Valuation: There can be cases where you may have grievance with regard to the Valuation and the payment of Stamp Duty on your property transfer. The authorities who can dispense justice or remedy to your grievances are District Registrars of Registration and Inspector General of Registration who adjudicate such disputes. 3)For dispute issues, some of which are discussed below, the logical recourse is to approach a competent court for resolving the disputes. 4)Execution Suit: One of the unsavory events arising during a property transaction can be when the vendor of a property who initially had agreed to sell his property to the purchaser at an agreed sale consideration, changes his tack. The party that is affected, i.e. the purchaser has every right to file a suit against the vendor for specific performance of the Agreement. If the Court finds the claim valid, it may adjudicate and pass an order for execution of the Sale Deed in the favour of the purchaser. If the vendor fails to transfer the property in the purchaser's name despite the Court's order, the latter may file an execution suit. On the basis of the Execution

Suit, the Court will take necessary action to get the property registered in your name as per its order. 5)Declaratory Suit You might find yourself in a situation where your title to the property is challenged or found to be questionable or defective. This circumstance makes it necessary for you to get an order from the Court on your title by filing a Declaratory Suit in a Court of Law. 6)Injunction If a property is under occupation of a trespasser, a suit for permanent Injunction can be filed by the owner. This will prevent the illegal occupant of the property from interfering with the possession and occupation of the property by its rightful owner. 7)Partition Suit In cases where there are co-owners of a property and one of the co-owners wants to get his/her share in the property to be enjoyed by separately and independently, he/she may have to file a suit for partition. 8)Money Suit If one has lent money on the security of an immovable property by way of mortgage, and wants to realize it, he/she may have to file a suit for recovery of the money due from the mortgagor. If that fails to materialize, he/she may sell the property mortgaged for realizing the money. 9)Disputes before quasi-judicial authorities There are different types of litigations concerning land revenue, land acquisitions, title documents etc, which are heard and disposed of by several quasi-judicial authorities such as Tahsildars, Assistant Commissioners, Deputy Commissioners, Survey Settlement Commissioners, etc. Good knowledge of authority of these officers can be very helpful in seeking legal relief. The alternate relief/remedies available to a party can be sought from a Court of competent jurisdiction for specific performance, compensation for loss, recovery suits, eviction suits, interpretation of a will, declaratory suits, and partition of joint family property and so on. 10)Writ Jurisdiction A writ jurisdiction may be invoked against the decisions of the Government

affecting one's property rights by filing a writ petition in the High Court concerned or in the Supreme Court for appropriate relief. 11)Criminal Cases Initiating cause of action for forgery and fraud in property transactions requires filing at the first instance a police complaint or file a complaint before the Magistrate. Since, Criminal Courts have a different structure and mechanism, after lodging a complaint, the State will direct the prosecution. In some recent cases, the petitioners have sought police intervention to reclaim their property, which had changed several hands without their knowledge. A few others approached the court whose land had been illegally grabbed and unauthorized persons had even begun construction. Criminal matters do not have suit valuation. It is important to know that once a matter becomes subjudice, it may take a very long period to get the disputes resolved by the Courts. In such cases the litigants are generally prevented to deal with the property without the permission of the Court concerned. It is in your greatest benefit if you hire a lawyer for seeking remedy/remedies under the different categories mentioned above.

FOLLOWING MUST BE KEPT IN MIND WHILE PURCHASING PROPERTY:Documents essential for sale of Property :In a sale transaction in India, transfer of full ownership takes place only after due compliance of all formalities, full payment of the sale price and registration of the title document, executed before the concerned registering authority. Execution refers to the signing of the Deed of Sale by the parties concerned and attested by witnesses. When the ownership of a house is by way of allotment by the Development Authorities like DDA, GDA, HUDA and other such authorities, an Allotment letter is issued by the authorities which becomes the title document. When the allotment is by a Co-operative Group Housing Society, a Share Certificate constitutes the title document. When the property is purchased from a private builder/person, a Sale/Conveyance/Transfer deed. Deed duly registered on required Stamp Duty would be the legal title document to own a house.

While selling a property, the Seller/Vendor must have: 1. A clear and marketable title to the property. 2. The title to the property on sale must be free from all encumbrances, claims and court proceedings. 3. The ownership of the titleholder can be traced from title deeds and revenue records. Documents required for selling a flat in a Registered Co-operative Society The documents that may be furnished for the perusal by the purchaser are as follows: 1. A Copy of the Share Certificate issued by that Society in favour of the Seller. 2. Previous chain of original Conveyance/Sale Deeds. If the Deed has been lodged for Registration, then a copy of such Conveyance, Sale Deed, etc.

along with a photocopy of the receipt from the Sub-Registrar where the document has been lodged for registration must be provided. 3. Copies of stamped receipts for payments made to the previous Sellers. The intending purchaser can ask the Seller to apply for a 'No Objection Certificate' from the Society indicating that the Society has no objection to transfer the Share Certificate in favour of the intended purchaser and admitting the purchaser as a member of that Society. The Certificate should also confirm that the Seller has no default/outstanding payments to be made to the Society as of date. A set of Society transfer forms, etc. for transfer of ownership should be duly filled and signed by the Seller and purchaser to be submitted to the concerned Society. In case of a flat where the Society has not been registered or the flat is originally allotted by the Development Authority, copies of the following documents may be made available to the purchaser for perusal: 1. Previous chain of agreements with past owners in original with original receipt of Registration (if any)/original letter of allotment issued to the first owner by the development authority. In case the latest agreement is pending registration, the original receipt issued by the Sub-Registrar acknowledging the pending Registration needs to be shown along with a certified true copy of that agreement. 2. Original stamped receipts of payments issued to the previous and present Seller by the Builder/Development Authority/Society. 3. Transfer permission from the respective authority i.e. Development Authority/ Society. 4. Copy of approved plan & occupation certificate issued by Competent Authority (like the Municipal Corporation). Documents pertaining to a resale flat in a Registered Co-operative Society:

Share certificate of the Society bearing the name of the Seller Previous chain of conveyance/sale deeds, Sub - Registrar's receipt 37 (I) clearance if applicable 230 A certificate from the Income Tax authorities (to be obtained by Seller) Original stamped receipts of payment made to previous Sellers No objection certificate from the Society for transfer and sale of flat Last receipt for the out goings bill paid to the Society and electricity bill A set of Society transfer forms for transfer of ownership Certificate of Title from an Advocate

As soon as the documents are vetted by the purchaser's Advocate and the purchaser decides to go ahead with the transaction, the intending purchaser can ask the Seller to get a No Objection Certificate issued. This Certificate should place the transfer of the Share Certificate in favour of the intended purchaser, admitting that no default/outstanding payments are to be made to the Society as of date. The purchaser can ask for the 230 A Tax Clearance Certificate of the Seller which can be obtained from the concerned Tax Authority. The 230 A certificate is issued by the Income Tax authorities. A set of Society Transfer Forms, etc for transfer of ownership needs to be duly filled and signed by the Seller and purchaser and should be submitted to the concerned Society. 37(I) clearance needs to be obtained in certain cities under section 269 UL (3) of the Income Tax Act, 1961. Any immovable property specified by the Appropriate Authority which is transacted above a certain value requires a No Objection Certificate from the Appropriate Authority. Various transaction limits have been set for different cities in India.

Rights of the Lessee:

A lessee has certain rights under the property laws of the land. As laid down by the Transfer of Property Act, 1882, the rights enjoyed by a lessee are as follows: 1. Accession rights over the leased property subject to fulfillment of all other clauses. The lessee cannot be deprived of accession rights if he pays the rent in full and conforms to the laid down terms of the agreement. 2. Full rights to repair and maintenance of premises by the lessor. In case he is deprived of that, the lessee can carry out the repairs himself and deduct the charges from the payable rent. He can also approach legal services if deprived of re-imbursement. 3. Re-imbursement of payment towards dues/taxes otherwise payable by lessor or against the property. 4. Lessee may remove things attached by him to the property during his possession provided the property is left in the same stage it was in when he had taken possession.

5. Full rights on the 'produce' of his efforts on the property during his possession even after the lease has expired. This is particularly in the case of plantation where the produce comes at its due time and the lease may have expired by then. But such a condition is permissible only once and till the considerable occurrences present themselves. 6. Right to sub-lease the property provided there is such a clause in the lease deed. If the property can be sub-leased under law and the lessor or anybody from his side is not allowing the privileged, the lessee can seek legal opinion against the lessor. 7. Right to use the property and its products wherever applicable, as if it were his own; unless he himself or through his associates, tries to damage, sell or mutilate the property or perform anything that is criminal or conspiring in nature. 8. Right to privacy of his, his family and his business, if conducted from the premises, from the lessor or any of his representatives. Undue interference and intimidation from a lessor can be reported to law and action taken thereof. 9. The lessee cannot be evicted from the premises till the determination of the lease or unless he has been served a notice for a period of maximum 30 days to evict, as per laid down terms in the lease deed/agreement. Such a clause of notifying may differ across different purposes and parties. The rights as privileged to the lessee if not awarded are liable for legal action against the lessor or the concerned authority. If you are stuck in a dispute with your lessor over your rights or if you want to know about your rights, contact us for the best legal services from our team of lawyers with expertise in property laws and rights of the lessee.

Rights of the Lessor:

A lessor enjoys certain privileges under the property laws of the land. As laid down by the Transfer of Property Act, 1882, the rights enjoyed by a lessor are as follows: 1. Right to timely accrual of lease amount by the lessee as per lease deed. Lessor has the right to approach the lessee or in extreme cases, seek legal services against undue delay or complete non-payment of lease amount. Any such delay if comprehended due to natural causes, the lessee should inform the lessor. 2. Right to know about the condition his property is in after possession by the lessee. However, care should be taken by him not to infringe on the privacy of the lessee. 3. Right to know of any changes that the lessee might want to make in the Lease Deed. He should be informed and made a party to any thought or action to change the terms or a term in the lease agreement. 4. Right to notify the lessee of an intention to increase the rent, keeping in view the changing trends or increase in lessor services. There should be a clause in the Agreement that allows out-of-turn hike in rentals, otherwise as per law, no hike is allowed until the duration of lease expires. 5. Right to be informed of any disclosures to which the lessee has access to without the knowledge of the lessor. Not doing so intentionally by the lessee makes him liable for judicial action and the lessor can seek legal remedies if he wishes so. 6. Right to protect his property from willful or circumstantial damage by the lessee. He has the right to be informed of the purpose of entering into a lease by the lessee. 7. The lessor has the right to get back his property on repossession in the same shape as was before the lessee moved in. He can timely check the property for proper and intended usage by the lessee. 8. Right to repossess the property complete with all fittings and furnishings as affixed by him. If the lessee causes damage to the fixtures, and it is not due to natural wear and tear, the lessor can claim from him charges for repairing damaged fixtures. 9. It is further deemed as the duty of a lessee to pay all charges for supplies like electricity, water till the time of possession. The lessor has the right to not pay such dues from his own pocket. Even if the lessee has left after determination (termination) of the lease, he can be summoned legally if the lessor wants to and make him pay the dues. To get answers to all of your queries on your rights, their exercise and resolution in dispute, contact us for the best structured legal information and legal services of repute.

ACKNOWLEDGEMENT

I have taken keen efforts in this project. However, it would not have been possible without the kind support and cooperation of many individuals I would like to extend my sincere thanks to all of them. I am highly indebted to Amity Law School for their guidance and constant supervision as well as for providing necessary information regarding the project & also for their support in completing the project. Also I would like to thank our esteemed director Maj. Gen Nilendra Kumar for providing us with invaluable on campus infrastructure. I would like to express my gratitude towards my parents & member of staff of amity law school for their kind co-operation and encouragement which help me in completion of this project. I would like to express my special gratitude and thanks to industry persons for giving me such attention and time. My thanks and appreciations also go to my colleagues in developing the project and people who have willingly helped me out with their abilities.

BIBLIOGRAPHY
Reference has been drawn from the following sources:www.lawmagnet.com www.lawschoolonline.com the following books and journals have also been refered law school digest (Cambridge university press) property law : (author: k.m vishwanathan publisher: roop book depot)

TABLE OF CONTENTS
1)Acknowledgement 2)Disputes regarding immovable property;introduction 3)Types of diputes concerning immovable property 4)Documents essential for selling property 5)Documents essential for purchasing property 6)Rights of lessee 7)Rights of lessor 8)Bibliography

Disputes as regarding immovable property

-Sanjula Ahluwalia (A3208309100)