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FAQs: Family Dispute Over Property
April 29, 2024Q. How do I resolve a property dispute in my family?
A. The resolution of property disputes in your family can be initiated with mediation or negotiation, reaching a memorandum of family settlement. If parties fail to reach mutual terms, legal options can be sought, and legal notices can be sent if needed. If all else fails, proceeding with litigation involves approaching the court to resolve the dispute based on evidence, arguments, and due process of law. The court then issues a decree that can be executed by the parties.
Q. How do you solve a property dispute between brothers?
A. A property dispute between brothers can be settled through mediation, mutual agreement, or legal action. Legal action includes a partition suit for the property, executing a family settlement, or seeking a court decree.
Q. What steps can a person take in case of a property dispute?
A. Initial steps involve gathering documents and attempting an amicable settlement. Consulting a lawyer is a priority if settlement attempts fail. Following the advice of a seasoned lawyer, one can proceed with legal actions, including legal notices and litigation.
Q. What are the rules of a family settlement?
A. Aspects of a valid family settlement include parties having a title, claim, or possible claim on the property, executing a fair and equitable settlement. It should be a bona fide and voluntary settlement with terms reduced in writing, or oral agreements are also valid.
Consult: Top Property Lawyers in India
Q. Can brothers and sisters dispute ancestral property?
A. Yes, siblings can dispute ancestral property if they have a reasonable claim over such property.
Q. How to divide land between family in India?
A. Division or partition of land in India is governed by different personal laws for different religions. Hindus can seek partition of ancestral property at any time through a settlement or a partition deed. For other religions, it occurs after an ancestor's death, and amicable resolution is encouraged, but legal recourse may be necessary if disputes arise.
Q. What is the easiest way to settle disputes?
A. Mediation or negotiation, where parties can reach a mutual understanding, is the easiest way to settle a dispute. It is a win-win condition for all parties involved, less time-consuming, cost-effective, and binding on the parties.
Q. What is the simplest method to resolve disputes?
A. The simplest method involves reaching an agreement through mediation or negotiation.
Q. Who solves land disputes?
A. Land disputes can be resolved through mediation, negotiation, or by seeking a resolution from civil courts, depending on the nature and complexity of the dispute.
Q. What is the limitation of a property dispute?
A. Provisions under the Limitation Act allow 12 years to claim property possession based on ownership.
Q. Can disputed property be transferred?
A. No, property under legal procedure cannot be transferred or dealt with in a manner conflicting with the rights of the involved parties unless authorized by the court handling the case.
Q. What are the rights of the seller after the sale?
A. The seller retains rights per the sale agreement, including receiving the agreed price and ensuring ownership transfer. Additionally, statutory rights allow the seller to receive rent/profit before the sale by the buyer as per the contract, ensuring timely payments and contractual obligations are met.
Q. Is a land dispute a civil or criminal case?
A. Land disputes are civil cases, but certain aspects might lead to criminal cases, such as trespass or fraud.
Q. Can the police interfere in a land dispute?
A. Land disputes are primarily civil disputes, and the police cannot interfere unless ordered by a competent court. However, the police may intervene to maintain law and order or prevent criminal activities.
Consult: Top Property Lawyers in India
Q. Are property cases civil or criminal?
A. Property disputes are civil cases, but certain aspects might lead to criminal cases, such as trespass or fraud.
Q. How do I write a land dispute letter?
A. Begin with your full contact details, followed by a formal salutation. Clearly outline the dispute, reference relevant legal documents, provide evidence, and request a resolution, maintaining a professional tone throughout. Consult with a legal professional for jurisdiction-specific advice.
Q. How long does a property case take in court India?
A. Officially, property disputes may extend up to three years. However, the duration varies, and based on the complexity of the case, court backlog, and legal procedures, property cases can take several months to several years to conclude.
Q. What is the 12-year property rule?
A. Under the provisions of the Limitation Act, the 12-year property rule, or adverse possession is allowed. If someone occupies another's property openly, continuously, and without interruption for 12 years, then absolute ownership can be granted, and the right to sue for possession is forfeited.
Q. Can family members claim adverse possession in India?
A. No, the plea of adverse possession among family members over the land belonging to their family is not allowed.
Greater Kailash - 1, Delhi
5 years
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