Best Property Dispute Lawyer in Dibrugarh | Top Property Dispute Advocate in Dibrugarh - Legalresolved
Our Best property lawyers will help you with legal matters related with builder harassment, illegal possession, ancestral property dispute,property disputes between relatives, home buyers issue, Delay in possesion, real estate agents and brokers. Use Legalresolved to hire a best property lawyer in India to file or defend a partition suit, title dispute and for due diligence of your property's documents.
PROPERTY LAWS :
Purchase and selling of a home are one of the largest financial transactions for any person who could transact in his or her lifetime. As such, no person can oversee the importance of such an investment. A number of important decisions that a person must take starting from taking the decision to buy a home until such time to have the title of legal owner, where the whole decision is of legal in nature. Instead of giving immense importance to such investment their analyses fraud which becomes an integral part in relation to the property. In Dibrugarh, there are serious challenges connected with it which are often overlooked by the innocent buyers/sellers. The unawareness on the part of the investors, buyers, purchasers regarding property laws and property rights have made them succumb to property disputes and fraudulent dealings. A person can go for legal action against these issues with the guidance of a legal consultant. Legal actions against these builder dispute issues even aids in increasing the rate of property lawyers in Dibrugarh. To have the best property lawyer in Dibrugarh, you can reach out to Legalresolved where you will be guided by the best legal counselor and solve your issues per your requirement.
Before going in the centerpiece of the point we should need to realize what the word property means. "Property" implies each sort of interest or right of a person that has an economic substance. It has a more extensive importance and has been utilized as a part of the largest and generic sense by its particular arrangements of law. As already been mentioned property is a wider term thus it is mainly categorized into two heads i.e. Movable and Immovable property. Immovable property- the immovable property cannot easily be moved from one place to another and it includes things rooted in Land, houses, trees attached to the ground; so long they are so attached to the earth and any profit to arise out of land but it does not include standing timber, growing crops and grass. The Transfer of Property Act, 1882 principally administers the exchange of Immovable Property and amid such exchange, it should mandatorily be enlisted under the Indian Registration Act, 1908, subject to its value if surpasses Rs. 100. On the other hand, the movable property can easily be transported from one place to another, without changing its shape, capacity, quantity or quality and it’s the property be like vehicles, books, utensils, standing timber, growing crop, grass, etc. There is no prerequisite of enlistment of movable property under the Indian Registration Act, 1908. Consequently, it is discretionary to movable property. And the transfer of movable property is mainly governed by the Sales of Goods Act, 1979.
In India, different types of disputes can be allied with property related dispute matters. A few details of disputes relating to property, its nature as well as the provision of laws applicable to such disputes as follows-
a. Illegal Possession of Property- Disputes may arise regarding the possession of property where it is claimed that a property is not possessed lawfully or if the person in possession of the property is not authorized to possess the same. The provisions of laws applicable to this dispute are- Transfer of Property Act 1882, Indian Contract Act 1872, Indian Succession Act 1925, Hindu Succession Act 1956, Muslim Succession Laws, Indian Evidence Act 1872, Rent Control Laws, Land Revenue Act 1967/Code 1966, Specific Relief Act 1963 and Code of Civil Procedure 1908 in cases of Trespass.
b. Illegal Possession of Property- Disputes may emerge with respect to the ownership of property where it is asserted that a property isn't possessed legitimately or if the individual possessing the property isn't approved to have the same. The provisions of laws applicable to this dispute are- Transfer of Property Act 1882, Indian Contract Act 1872, Indian Succession Act 1925, Hindu Succession Act 1956, Muslim Succession Laws, Indian Evidence Act 1872, Rent Control Laws, Land Revenue Act 1967/Code 1966, Specific Relief Act 1963 and Code of Civil Procedure 1908 in cases of Trespass.
c. Title Dispute- Any individual/s may challenge the registration of a property for the sake of someone else/s. The provisions of laws relevant to such dispute are-Transfer of Property Act 1882, Indian Contract Act 1872, Indian Succession Act 1925, Hindu Succession Act 1956, Muslim Succession Laws, Rent Control Laws and Registration Act, 1908.
d. Rental Dispute- Those disputes that take place amongst landlords and tenants with respect to ownership of the property, rent dues or terms and conditions of the Rent agreement. The laws material to such disputes is- Rent Control Laws and Indian Contract Act, 1872.
e. Contractual Dispute- Those disputes between two parties who have come to an agreement or signed a contract for use, sale, transfer, development, etc. of an immovable property. The provisions of laws that deal with such disputes are- Indian Contract Act, 1872 and Specific Relief Act 1963.
f. Disputes with Cooperative Societies- There are certain disputes between landlords of flats or buildings within a Co-operative Society and the Society in regards to non-payment of dues and non-acknowledgment of the member’s rights or demands by the Society, claim by a member of mismanagement of the society, etc. The provisions of laws like the Indian Contract Act, 1872 and the Cooperatives Society Act of the concerned State are appropriate to such disputes.
g. Disputes between Buyers and Developers- Disputes amongst purchasers and developers with regard to issues like charges by purchasers of property about deceptive and deceitful of builders or about non-conveyance or delayed delivery of property by builders claiming compensation or not delivering the title to the land to the society, etc. In like manner, assertions made by builders against the purchasers about non-adherence/consistency by purchasers of specific terms and conditions of the sale agreement. The arrangements of laws applicable to such question are-Indian Contract Act, 1872, Specific Relief Act 1963, Transfer of Property Act 1882, Consumer Protection Act 1986 and the Companies Act, 2013.
h. Disputes between Borrowers and Banks- There are certain disputes between borrowers and banks in regards issues like the legitimacy of the home loans made, sum asserted by the bank from the debtors/guarantors, ownership has taken or to be taken by the banks as well as transfer of the property by the bank for non-installment of dues by the borrowers. The laws applicable to such disputes are- Banking Ombudsman Scheme, Consumer Forums Mechanism, Transfer of Property Act 1882, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act 2002, Stamp Act 1899 and the Registration Act 1908.
i. Dispute between Developer and Local Civic Authority like Municipal Corporation, Jal Board, Electricity Board, etc.- Those disputes with regard to local authorities complaining to developer’s failure to obey the rules and regulations as specified in the master plans or terms of approval given to the builder or disputes may also emerge because of denial of fundamental authorizations to the developers without legitimate reasons. The provisions of laws are the Indian Contract Act 1872 and the Right to Information Act, 2005 will be applicable to such disputes.
j. Land Use Disputes- An individual utilizing the property infringing upon the utilization indicated by the zoning laws will bring about land use disputes between users of the property and local bodies. The legal provisions for Conversion of Property will be applicable to such disputes.
k. Execution Suit- One of the disagreeable events emerging during a property transaction can be the point at which the seller of a property who at first had consented to sell his property to the buyer at an agreed sale consideration, changes his track. The party that is affected i.e. the buyer has every right to file suit against the seller for specific performance of the Agreement. Where the Court discovers the claim valid, it may adjudicate and pass an order for execution of the Sale deed in favor of the buyer. The provision of the Civil Procedure Court 1908 and Indian Contract Act 1872.
l. Declaratory Suit- Suit for circumstance where title to the property is challenged or found to be questionable or defective. This situation makes it essential to get an order from the Court on the title by filing a Declaratory suit in a court of law. The provisions of Transfer of property act, 1882 is material for this suit.
m. Injunction Suit- If a property is under control of a trespasser, a suit for perpetual Injunction can be filed by the proprietor. The provisions of Transfer of property act, 1882 is pertinent for this suit.
n. Partitions Suit- This will keep the illicit tenant of the property from meddling with the ownership and occupation of the property by its legitimate owner. The provision of the law dealing with this suit is that of the provisions of the Transfer of Property Act, 1882.
o. Money Suits- Where an individual has loaned cash on the security of an immovable property by mode of mortgage, and needs to acknowledge it, he or she may need 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 take in the money. All rules and regulations related to mortgage will be applicable to money suits.
p. Disputes between quasi-judicial Authorities- There are distinctive sorts of suits regarding land revenue, land acquisitions, title documents, etc. which are heard and disposed of by several quasi-judicial authorities.
q. Writ Jurisdiction- Writ jurisdiction may be summoned against the decision of the Government influencing one’s property right by filing a writ petition in the concerned High Court or in the Supreme Court for appropriate relief.
Process to file a Property Case in a Court of law
A property case for the immovable property like land, building, house, apartment, office, etc. in Dibrugarh can be filed with help of a legal consultant for property matter in a court under the Civil Procedure Court with regard to the provisions of the Transfer of Property Act, 1882. Consequently, you can avail the best advocate for property matter in Dibrugarh from the best services of Legalresolved, if you are in urgent need of the same. There are different stages to file a property case in a court. Stages are-
a. Filing of Suit/Plaint- Plaint is the written complaint filed by the individual who is known as plaintiff and against whom it is filed is known as Defendant. The plaintiff has to file the plaint within the time limit recommended in the Limitation Act.
b. How Proceedings Are Conducted- On the first day of the hearing, if the court contemplates that there are justifies for the situation, it will issue a notice to the contrary party, to submit their contentions, and fix a date. On issuance of notice to the contrary party, the plaintiff is required to do the following-
- File mandatory amount of court fee to the court.
- File 2 copies of plaint for each defendant in the court, where one has to be sent through register/post/courier, and one by Ordinary post.
- Such filing should be done within 7 days, from date of order/notice.
c. Written Statement- It is a statement filed by the defendant in response to the plaint filed by the plaintiff i.e. he has to state his defense against the allegation made by the Plaintiff. Such written statement has to be filed within 30 days from the date of service of the notice, or within such time as given by court
d. Replication by Plaintiff- It is a reply to the "written statement" of Defendant which is filed by the plaintiff.
e. Filing of Other Documents- Once the pleadings are complete, both the parties are given chance to produce and file other documents before the court.
f. Framing of Issues and List of Witness- On the basis of arguments and examination of witnesses takes place, the Court frames the issues. Both the parties to the suit shall, from the date on which issues were framed or within such other period as the court may recommend, file a list of witness within 15 days.
g. Final Hearing- On the day fixed for the final hearing, the arguments shall take place. The arguments should stringently be limited to the issues framed. Finally, the court shall pass a "final Order", either on the day of hearing itself, or some other day fixed by the court.
h. Appeal, Reference, and Review- When an order is passed against a party to the suit and they are not satisfied with such order of the court then the parties can further start the proceedings by way of appeal, reference or Review.
i. Limitation- For every appeal, there is a limited period, within which appeal should be filed. Such a limitation period is given under the Limitation Act, 1963. In case of a decree passed by a lower court in a civil suit, the limitation period for appeal is:
- Appeal to the High Court shall be made within 90 days from the date of decree or order.
- Appeal to any other court shall be made within 30 days from the date of Decree or order.
Where there emerge any property issue between individual persons where they want to fight for their interest in the property, they can approach the court as courts are there to resolve the disputes between them and to declare and establish their rights in the matter. But before filing any case one should know where and before which court the parties can file his or her suit i.e. the parties have to see the jurisdiction of the court. One can take the legal assistance from a property lawyer for understandings. However, the Jurisdiction of the Court is subjected to mainly following limitations they are- territorial jurisdiction and pecuniary jurisdiction of the court. Territorial jurisdiction rest on the subject matter of the dispute. With respect to the subject matter of the suit, suits are divided into 3 categories such as-
- Suits relating to immovable property,
- Suits relating to for wrongs to person and movables, and
- Other suits.
With respect to the filing of a suit relating to immovable property, the jurisdiction of the Court shall always subject to the local limits of whose jurisdiction the property is located. In simple words, the jurisdiction of the court shall be the place where the property in dispute is located. And where the immovable property is located at distinct places and within the local jurisdiction of different courts, then the suits can be filed where any share of the immovable property locates.
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