Land conflicts are probably one of the most pervasive and recurrent problems in India. About 66% of all civil cases pending in courts across the country are related to land or property disputes. Land disputes in India alone comprise about 25% of all court cases, according to the Economic Survey of India 2020-21.
The fast pace of urbanization and rising demands for land for industries and other infrastructure have contributed to this tension. While the tension arises in the worst-case scenario for you, how will you handle it?
Don’t worry! We are here to help you know how to resolve and have fair settlements for land disputes in India.
Read more to know more.
Table of Contents
What is a land dispute?
A land dispute is a disagreement or conflict over the ownership of some piece of land. Such conflicts may occur between two or more individuals, communities, and companies as well as with the state in cases related to ownership rights, and succession disputes.
Take a look at some of the common land dispute-causing factors.
Source: DownToEarth
Land disputes are common in areas where land records are not clear or have a long history and where overlapping claims exist, or when agricultural, residential, or commercial demands for valuable lands create stronger incentives to find ways of legitimizing control over it.
Getting deeper also highlights NRI property disputes in India.
So, what should we do when facing a land dispute?
Things to Do When Facing a Land Dispute in India
Here is a comprehensive list of things to do when facing a land dispute in India.
- Gather all land-related documents such as sale deeds, property tax receipts, mutation records, and agreements of the property.
- Verify the land records at the local land revenue office to verify the details of ownership and boundaries and that the property does not have any encumbrances.
- Consult with property lawyers in India, who will explain your legal rights and options. The attorney will help you evaluate the merits of your case and take you through the legal process.
- In case of disputes arising out of illegal encroachment or fraud, a complaint may be filed with the police or other relevant authorities. This step may support your interest and might be required while taking further legal action.
- Mediation or arbitration may be considered as the first measure to solve the dispute amicably. These methods can be quicker and less expensive than going to court.
- In the worst case, it has to go to court. Keep your case well-documented and follow your lawyer on his advice while filing the right civil suit.
With clarity on what to do when facing land disputes in India, let us move on to find ways to achieve fair settlements for land disputes.
Ways to Achieve Fair Settlements in Land Disputes in India
Though achieving fair settlements in land disputes can be a tough one, the following approaches can make it happen.
Alternative Disruptive Resolution (ADR)
The Alternative Dispute Resolution procedures for land disputes in India are more effective and less adversarial compared to the conventional litigation process.
These techniques include mediation, arbitration, and conciliation, allowing parties to resolve a dispute amicably, discreetly, and promptly, hence avoiding wastage of time and money.
Such mechanisms are especially important in India, where court cases may drag on indefinitely and often involve complicated land disputes. ADR also allows for the adoption of party-specific solutions that can meet particular needs and concerns of the parties, hence encouraging fair and sustainable settlements without the prolix processes of the formal judicial system.
Community Participation and Intervention
Active participation and intervention at the community level are important in resolving land-based disputes in India justly and sustainably. At the local level, respect is paid to social and cultural contexts as well as the collective interests of the local populations.
A community-based mediation can help reduce tensions and engender mutual understanding, while local knowledge can help in the verification of historical land claims and the resolution of ambiguities.
Public support and awareness can pressurize parties into fair and transparent settlements of disputes, minimizing the possibility of drawn-out litigations and ensuring that the outcomes are in the best interest of the larger community.
Leveraging Technology
Leverage technology for fair settlement of land disputes: Technology is offering new solutions to old problems in India's land disputes.
Digital tools like Geographic Information Systems and satellite imaging can map land boundaries with a high degree of accuracy and verify them for the government, considerably reducing the chances of discrepancies and disputes over ownership.
Online land records and blockchain technology ensure transparency and prevent tampering, hence making land transactions secure. Virtually, mediation platforms also permit the resolution of disputes efficiently and easily from anywhere in the world, allowing the parties to participate remotely. This is done by integrating technology into land dispute resolution so that speed, accuracy, and fairness are achieved, and the process becomes trustworthy and effective.
AM Partners - The Best Legal Support for Land Disputes
AM Partners is best known for the quality of legal advice it provides over land disputes through deep domain knowledge about property laws and a strategy in every case.
We have excellent property lawyers in Chandigarh with years of experience in arguing complex land matters, right from title verification to litigation.
Not just local land disputes, we have a commendable record of settlements in NRI land disputes in Punjab and around India. AM Partners takes the protection of the rights of the clients seriously as an invaluable partner in handling complex land disputes and securing fair and favorable settlements for the same.
Conclusion
Standing by the conclusion, we say that land disputes in India are complex yet can be resolved with promising solutions. So, afraid not, take up proper legal support in land dispute cases for better outcomes.
FAQs
One can settle land disputes in India via mediation, arbitration, community intervention, or legal court cases.
The majority of cases concerning land, including boundary disputes, conflicting ownership, or any other land use issues, are settled in civil courts.
Family property disputes can be settled through mediation or negotiation, where all parties agree on a fair division. If an agreement cannot be reached, the case shall proceed to legal action in a court of law.
The limitation period for property disputes is the time within which a claim must be filed in court; it typically ranges from 3 to 12 years, depending on the jurisdiction and type of dispute. Claims may be barred after this period expires.