The most common disputes in India are property related disputes, which have been on the rise in the past few years. These disputes can be complex and time-consuming, so it is important to seek a legal solution and assistance to resolve them effectively. That’s when the need for property lawyers arises, as a helping hand in these tough times of handling disputes.
This blog, from AM Partners, aimed at providing you with a comprehensive guide on why you should consider contacting property lawyers in Chandigarh or other states for proper guidance. Let’s dive deeper into the article to understand more on this issue.
Table of Contents
- Define property law
- The role of property lawyers in Chandigarh
- Common property-related issues in Chandigarh
- Your guide to choosing the right property lawyer in Chandigarh
- Conclusion
- FAQs
Define property law
Property is one of the most fundamental elements of the socio-economic system in India. In a legal sense, property means any form of interest or right over a thing or property.
Property law is defined as the set of rules and regulations that govern how property can be acquired, owned, utilized, and alienated. It involves a broad range of elements, such as transfer of property procedures, contract act principles and inheritance laws, among others. The Constitution of India, lays down the basic principles and structure of property law in the country, ensuring that individuals have the right to own, possess and dispose of property.
There are three major acts that deal with property laws in India, as follows:
- Transfer of Property Act, 1882: The Transfer of Property Act is a law, in India, that sets out the principles and procedures for transfer of property through means such as sale, mortgage, lease, gift, and exchange from one person to another.
- Partition Act of 1893: The Partition Act of 1893 is the act that addresses the challenges that arise when properties owned jointly need to be divided among their co-owners.
- Indian Succession Act, 1925: The Indian Succession Act, 1925 specifically deals with cases involving a written succession. However, if there is no written succession, the laws regarding the succession outlined in the Hindu Succession Act of 1956 would apply.
The role of property lawyers in Chandigarh
There is a major role played by the property lawyers in Chandigarh in several aspects of property-related matters. Their main responsibilities are as follows:
Role 1: Documentation of the property, which mainly includes drafting, reviewing, and ensuring the legal validity of property documents such as sale deeds and other agreements.
Role 2: The other role of the property lawyers in India includes conducting legal research and providing counsel on property laws, including advice on buying, selling and renting properties, and offering guidance on property investments.
Role 3: To conduct thorough checks on property titles to ensure there are no discrepancies or disputes, and that the title is clear and marketable for the property seller.
Role 4: The lawyers are involved in regulatory compliance that makes sure that all the property transactions comply with local, state, and national laws.
And many other major roles are played by the best property lawyer in Chandigarh to ensure that all property related matters are conducted smoothly and legally, providing equal rights to everyone.
Common property-related issues in Chandigarh
Before going further, refer to the guide for choosing the best lawyer. In general, there’s an increase in the NRI property dispute, India, which tops the list of countries dealing with such cases, Let’s have a look:
Dispute related to title search or ownership of property: These types of disputes arise when a property or land has been inherited through a will, transfer or gift deed, without lawful execution.
Dispute related to inherited property: Conflicts can occur when a person inherits the property through a will and others challenge the integrity of their choice.
Possessing a property against the owner’s wishes: Another big conflict arises when someone moves out of their country and settles there, and their land in their previous country, India, is taken illegally by someone without their consent.
Dispute among landlord and tenant: This is the most common type of dispute, especially between NRIs, As they are not physically present in India, these tenants tend to misuse their absence.
Dispute between two or more co-owners: When a property has more than one owner, these types of disputes can be dealt with by seeking partition and separate possession by the court.
Your guide to choosing the right property lawyer in Chandigarh
Property disputes in India can be tricky and need skilled property lawyers in Chandigarh, whether the fight is over property ownership, boundaries, or problems with the property title. When we talk about hiring a lawyer, the first thing that comes to mind is their expertise and experience in a particular area of our interests. Let’s take a look at the guide below to choose your lawyer in Chandigarh:
Advice 1: The first and most important thing to do is to understand what kind of dispute you’re suffering from. Figuring it out may take some time but this step will ease your overall process of finding the best lawyer in Chandigarh.
Advice 2: The important thing to consider in a lawyer is their specialization and experience in handling similar cases. Look for a lawyer who has dealt with such cases as yours before. It can be a good signal that they can handle your case as well.
Advice 3: The potential lawyers should have strong negotiation and communication skills and be able to talk and negotiate with others, explain their case clearly and provide them with a simple solution.
Advice 4: If possible, do some research online, on the websites and platforms that provide a list of legal professionals. Go through their profiles and also consider their reviews and testimonials given to them by their previous clients.
Advice 5: Talk to your friends, family, or colleagues who might have hired the same lawyer for a similar kind of case as yours. Additionally, ask them about their experiences and if they would recommend their lawyer.
Advice 6: Check the educational background and other qualifications of the potential lawyer and ensure the lawyer has the right qualifications. Check where they studied, their professional experience, and any credentials they may have received.
Advice 7: Consider an initial consultation with the potential lawyer to determine whether they are right and suitable for your case. It can be a great opportunity for you both to understand each other and help establish a bond of comfort between you and your lawyer.
Advice 8: Last but not least, ensure that you discuss the lawyer’s fees and payment plans during the initial consultation. Get a clear understanding of their fee arrangements, such as per hour rates, flat fees, or contingency fees.
Conclusion
In conclusion, the most important factor in resolving any kind of property dispute is finding the right property lawyers in Chandigarh. By taking into consideration the steps and advice mentioned above in the article, you can choose the best lawyer that suits your needs, meets your interests, and is qualified enough to handle your case successfully and efficiently related to property issues.
FAQs
The parties involved in a property dispute can negotiate and reach an amicable settlement, or involve a third party or a lawyer to help the disputes between the parties reach a mutually beneficial resolution.
Some of the most common disputes for NRI related to the properties are illegal possession, fraudulent transfers by misusing the power of attorney and family disputes over ancestral property.
Generally, it is not allowed to sell a disputed property without the consent of all owners.
NRI can appoint a Power of Attorney (PoA) to handle their property in India, while they are residing outside the country.