Property dispute in india

Property Dispute in India
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S.
No.
Dispute relating to Nature of dispute Applicable Law/s
1
Illegal Possession of
Property
Disputes may arise
regarding the possession
of property when 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.
Transfer of Property Act, 1882
Indian Contract Act, 1872
Indian Succession Act, 1925
Hindu Succession Act, 1956
Muslim Succession Laws
Indian Evidence Act: A Quick Glance at
the sections
Rent Control Laws
Land Revenue Act/Code
Specific Relief Act 1963
Code of Civil Procedure in cases of
trespass
2 Title Disputes
Any person/s may
challenge the registration
of a property in the name
of another person/s.
Indian Succession Act, 1925
Hindu Succession Act, 1956
Muslim Succession Laws
Rent Control Laws
Registration Act, 1908
3 Rental Disputes
Landlords and tenants
disputes regarding
possession of property,
rent dues or terms and
conditions of the rental
agreement.
Rent Control Laws

S.
No.
4 Contractual Disputes
Disputes between two
parties who entered into
an agreement or signed a
contract for use, sale,
transfer, development,
etc., of an immovable
property will be
contractual disputes.
Specific Relief Act, 1963
5
Disputes with cooperative
societies
Disputes between owners
of flats or buildings within
a cooperative Society and
the Society regarding
non-payment of dues,
non recognition by the
Society of the member's
rights/demands,
allegation by member of
mismanagement of the
Society, etc.
Cooperatives Society Act of the
concerned State.
6
Disputes between buyers
and developers
Allegations by buyers of
property about
misleading or cheating by
builders or allegations by
buyers about non-
delivery or delayed
delivery of property by
builders with or without
claiming compensation,
not conveying the title to
the land to the Society
etc. Similarly, allegations
of builders about non-
adherence/compliance by
buyers of certain terms
and conditions of the sale
agreement.
Consumer Protection Act

S.
No.
7
Disputes between
borrowers and banks
Disputes about the
validity of the mortgages
created, amount claimed
by the bank from the
debtors/guarantors,
possession taken/to be
taken by the Bank and/or
disposal of the property
by the bank for non-
payment of dues by the
borrowers.
Banking Ombudsman Scheme
Consumer Forums Mechanisms
SARFAESI Act
Stamp Act, 1899
Registration Act, 1908
8
Dispute between
developer and Local Civic
Authority like Municipal
corporation, Jal Board,
Electricity Board, etc.
Local authorities
objecting to developers'
inability to adhere to
rules and regulations as
specified in the master
plans or terms of
approval given to the
builder.
Disputes may also arise
due to denial of necessary
permissions to the
developers without valid
reasons.
Right to Information Act, 2005
9 Land Use Disputes
A person using the
property in violation of
the use specified by the
zoning laws will result in
land use disputes
between users of the
property and local bodies.
Legal Provisions for Conversion of
Property

S.
No.
10 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 track. 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 favor of
the purchaser.
11 Declaratory Suit
Suit for situation where
title to the property is
challenged or found to be
questionable or defective.
This circumstance makes
it necessary to get an
order from the Court on
the title by filing a
Declaratory Suit in a
Court of Law.
12 Injunction disputes
If a property is under
occupation of a
trespasser, a suit for
permanent Injunction can
be filed by the owner.

S.
No.
13 Partition suits
This will prevent the
illegal occupant of the
property from interfering
with the possession and
occupation of the
property by its rightful
owner.
14 Money Suits
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.
Rules and Regulations related to
Mortgages
15
Disputes between 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.
16 Writ jurisdiction
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.

Source: National Housing Bank
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Property dispute in india

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