Not every property dispute requires the same legal approach.

The first step is identifying what right is actually being disputed.

1. Property Title & Ownership Disputes

These disputes arise when two or more parties claim ownership or when the validity of a person’s title is questioned.

Examples may include:

• competing sale deeds
• disputed ownership documents
• defective title
• breaks in the chain of title
• disputed transfers
• fraudulent or allegedly forged documents
• competing claims by heirs or co-owners
• disputes involving powers of attorney
• claims arising from earlier transactions

A registered document is important evidence, but registration itself does not guarantee that the person executing the document possessed valid title to transfer. The Supreme Court has recently reiterated the distinction between registration of a transaction and conclusive proof of ownership, emphasizing the importance of title investigation.

Discuss a Title Dispute

2. Possession & Illegal Occupation Disputes

A property owner may face a situation where another person:

• refuses to vacate;
• occupies the property without permission;
• interferes with possession;
• claims a right to remain in the property;
• occupies part of the property;
• changes the physical condition of the property;
• attempts to take possession forcibly.

The appropriate legal remedy depends on the ownership and possession position, the evidence available and the nature of the other person’s claim.

The Supreme Court has explained that the appropriate remedy can differ depending on whether title is under a cloud, whether the claimant is in possession, and whether the dispute concerns interference with existing possession.

3. Partition & Family Property Disputes

Property disputes between family members can involve:

• ancestral property
• jointly owned property
• inherited property
• co-owned houses
• agricultural land
• unequal claims to property
• disputed family settlements
• release or relinquishment deeds
• wills and succession documents
• claims between legal heirs
• disagreements over division of property

A partition dispute requires careful examination of ownership, succession, previous transfers, family arrangements and the documents on which each party relies.

The Hindu Succession Act contains provisions dealing with intestate succession and coparcenary interests, but the applicable position depends on the parties, nature of the property, succession history and other facts.

Important

A family property dispute should not automatically be treated as a case that must go directly to court.

Depending on the circumstances, negotiation, mediation, family settlement, partition documentation or another resolution may be worth considering.

Discuss a Family Property Dispute

4. Boundary & Encroachment Disputes

Boundary disputes can arise when:

• a neighbour occupies part of the property;
• the boundary on the ground differs from the documents;
• measurements are disputed;
• construction crosses a boundary;
• a wall or structure has been extended onto another property;
• adjoining owners disagree about the location of the boundary;
• the property description in different documents does not match.

These matters can require examination of:

• sale deeds
• site plans
• property measurements
• maps
• revenue records
• municipal records
• previous documents
• photographs
• possession evidence
• other relevant material

The exact documents required depend on the property and its location.

5. Property Inheritance & Succession Disputes

After the death of a property owner, disagreements can arise concerning:

• who inherited the property;
• whether a will is valid;
• shares of legal heirs;
• ancestral property;
• jointly held property;
• transfer of inherited property;
• partition between heirs;
• release or relinquishment;
• mutation;
• possession of inherited property.

The legal position depends on the applicable succession law, the nature of the property and the documents involved.

For matters governed by the Hindu Succession Act, for example, the Act contains provisions concerning intestate succession and coparcenary interests.

Discuss an Inheritance Property Dispute

6. Sale Deed & Property Transaction Disputes

A dispute may develop after a property transaction because of:

• non-payment or incomplete payment;
• failure to complete the transaction;
• disputed sale documents;
• allegations of fraud;
• misrepresentation;
• possession not being delivered;
• disagreement over contractual obligations;
• competing claims to the property;
• disputes concerning an agreement to sell;
• problems involving a power of attorney;
• alleged cancellation or invalidity of documents.

The Transfer of Property Act contains the statutory framework governing sales of immovable property, including provisions concerning the sale itself and rights and liabilities of buyers and sellers.

The actual remedy depends on the documents, facts and legal rights involved.

7. Builder & RERA Property Disputes

Property disputes involving developers can include:

• delayed possession;
• non-delivery;
• construction defects;
• changes to the project;
• disputes over payment demands;
• cancellation;
• refund claims;
• agreement-related disputes;
• possession-related claims;
• project or promoter issues.

For properties and projects covered by the applicable RERA framework in Uttar Pradesh, UP-RERA provides a complaint mechanism and describes the Act’s objectives as protecting homebuyers, regulating the real-estate sector and providing a mechanism for dispute redressal.

NCR Law Associates separately provides RERA and builder-buyer assistance in Ghaziabad.

RERA & Builder-Buyer Legal Services

8. Landlord-Tenant & Possession Disputes

Property-related disagreements between landlords and tenants can involve:

• non-payment of rent;
• possession;
• termination of tenancy;
• notices;
• lease terms;
• alleged breach of agreement;
• unauthorized occupation;
• disputes over security deposits;
• claims concerning the condition or use of premises.

The applicable legal position depends on the nature of the tenancy, agreement, property and jurisdiction.