Real estate disputes are a common thing in India. Such disputes occur especially in states and cities that have skyrocketed land rates or where the land rates are increasing with time. Wars over wealth have been going on for decades now. These disputes are common at all levels of society. These disputes are not only time-consuming but are also expensive and cause immense agony.
There is no real-time limit to the resolution of these disputes, as each case is unique in its own way and has its intensity. There are many types of disputes that lie under real estate disputes. Here’s all you need to know about real estate disputes and Q/A on them in India.
Real estate disputes are the disputes that arise because of title, which may be during the transaction of acquiring a property or post-transaction, like legal heirs, co-owners, claims by third parties, wrong representations by the seller, easement rights disputes, improper description of the property in title deeds, and more.
There are 5 common real estate disputes that are majorly witnessed in India. These are as follows:
- Disputes Related To Delay In Flat Possession By Builders
There are many cases wherein the delivery of possession of flats by builders to the buyers is delayed. About 85% of real estate development projects, both commercial and residential, are being delayed due to a lot of reasons, but mainly due to a delay in procuring regulatory and authoritative compliances, which the builder needs to obtain, like construction certificate, imitation of disposal, occupation certificate, no objection certificates of water, tree, police, sewerage, and more. Some delays might also occur due to title movement disputes.
Another reason behind such a dispute is when a builder sells a flat or a single unit to multiple buyers to raise funds, and when revealed, it leads to disputes, and the construction is halted. As a resolution, the builder wants to return the raised money and sell the project at as much higher a price as possible, whereas, the buyers refuse to accept the amount paid by them without receiving any interest and demand the possession of the flat or single unit which they have purchased.
- Disputes Related To Timely Payments/ Non-Payment Of Rent To Members Of Housing Societies By Builders
Another common dispute in the real estate sector is the delayed payment or non-payment of rent to the housing society members. Herein, the builder is under obligation to offer temporary accommodation or rent for the same till the new building is constructed and a permanent possession is given.
- Disputes Related To Inherited Property
This dispute is very common in India. One must be very careful while buying an inherited property, which is inherited from their ancestors or other persons. Herein, disputes occur when a buyer purchases an inherited property without the knowledge of these properties being inherited or these properties being subjected to probate, conditions of the will, a succession certificate, and more.
- Disputes Between Buyers And Builders Or Estate Agents– Fraud Played On The Buyers
It has become a common phenomenon to play fraud on the buyers in metropolitan cities. This is why buyers are not ready to purchase any under-construction property. This has immensely affected the sales of the builders and estate agents.
- Disputes Related To Title Of Immovable Property
This type of real estate dispute refers to the ownership right to property. An individual having a good title to a particular property means an entitlement of such a person to the enjoyment of rights or interests in a property, like use, possession, rental income, and more. Such a dispute arising out of title may be during the transaction of acquiring the property or post transaction, like, claims by third parties, co-owners, legal heirs, easement rights disputes, wrong representations by the seller, improper description of the property in the title deeds, and more.
- What should be done before acquiring an immovable property?
Ans: Investigate the title of the immovable property before acquiring it. It is important to get a thorough verification done and conduct a perusal of the title documents of the property for at least 30 years or more.
- What are the disputes related to delayed flat possession by the builder? How can it be prevented?
Ans: Delay by the builder regarding the delivery of the possession of flats by the builder is common today. Herein, the builder is not able to hand over the possession of the flat to the buyer in time, which creates many problems. This can be avoided by doing the following:
- Check the permissions required by the builder to construct the building and if the permissions were taken on time.
- Ask the builder for a construction schedule. This helps in keeping a track of the construction progress by the builder.
- Look for Litigation Disputes over boundaries by physical survey and or from knowing government and court records.
- Check if the papers are complete, like audit annual reports, memorandum of partnership, and more.
- Visit the construction site from time to time to check if things are in order.
- How to avoid Disputes between buyers and builders or estate agents for the fraud played on the buyers?
Ans: Here are some points to be kept in mind to avoid disputes between buyers and builders/ estate agents for the fraud played on the buyers:
- A legal expert should always be considered before buying a property or before signing any related document or paying the amount.
- Check the history of the builder or the estate agent before buying the property.
- Avoid or do proper research on the properties that are being sold at a heavy discounts.
Property disputes are common, and to resolve it, one needs a lawyer. You can opt for real estate lawyers. If you are a resident of Chandigarh, you can find many good law firms. You can find the best lawyers in Chandigarh. You can opt for property lawyers in Chandigarh who can help you with the matter at hand.
Real estate disputes are very common nowadays. These disputes are at every level of society, requiring serious interruptions by real estate lawyers. There are some very common real estates disputes, like Disputes related to delay in flat possession by the builder, disputes related to inherent property, disputes related to the title of immovable property, and more.
There are many questions asked by people on such issues. The above-mentioned are common Q/As that many people have engaged in. If you are facing any issue related to real estate or other disputes, you can always consider a real estate lawyer. If you are a resident of Chandigarh, you can always find good lawyers who can help you sort such disputes.