Best Civil Case Advocate in Adhoya
Are you looking for the best civil case advocate in Adhoya? It is imperative to know the legal situation and the kind of expertise required. The following guide will assist you in handling civil cases regarding properties professionally.
What Is a Civil Case Advocate?
A civil case advocate handles conflicts that come under civil law. Whereas criminal law addresses public disputes, civil law handles private disputes such as disputes of ownership, violations of contracts, and family conflicts. Civil case advocates plead the cases of their clients in courts and assist them in settling conflicts legally via arbitration, mediation, or litigations.
Types of Civil Case Advocates
Property Dispute Lawyers
Plea cases of real property and ownership disputes.
Contract Lawyers
Plead cases of breach of contract, agreements, and commercial disputes.
Family Law Advocates
Plea inheritance disputes, divorce, and child custody.
Consumer Rights Advocates
Plea cases of unfair trade practices on behalf of consumers.
Intellectual Property Lawyers
Safeguard intellectual property rights like patents and trademarks.
Offenses and Punishments Under the Indian Penal Code (IPC)
While civil litigation primarily involves compensation rather than punishment, there are certain disputes over property with criminal consequences, such as:
Fraud (Section 420 IPC)
Seven years of imprisonment at the most and a fine.
Criminal Breach of Trust (Section 406 IPC)
Imprisonment for three years at the most or a fine.
Cheating (Section 415 IPC)
False representation resulting in loss of property.
Forgery (Section 463 IPC)
Falsification of property documents.
Major Mandatory Documents in Property Cases
Title Deed – Ownership proof.
Sale Agreement – Sale details of property.
Encumbrance Certificate – Guarantees that there are no outstanding legal problems.
Property Tax Receipts – Tax paid proof.
Mutation Records – Reflects ownership change in municipal records.
Will or Inheritance Documents – In case of inheritance problems.
Government Approvals – For land use and building.
Special Issues
NRIs are bound to encounter legal issues regarding properties as they are not present physically. Family feuds, illegal possession, forgery of sale deeds, and others are some common issues. To protect their interests, NRIs need to:
- Impart a reliable Power of Attorney (POA).
Seek advice from a veteran civil case advocate in Adhoya.
Check property documents and tax payments online.
Initiate a civil suit in time in case of disagreement.
Case Studies: Successfully Winning Civil Property Disputes
Case Study 1: Illegal Possession Case Solved
A client's ancestral land was illegally taken over by tenants. The advocate initiated a civil case and secured an eviction order, restoring legal ownership.
Case Study 2: Prevention of Fraudulent Sale
An NRI discovered that their property was being sold on the basis of documents forged by certain individuals. The advocate intervened, obtained a stay order, and proved ownership in court.
What Does the Law Say Disputes?
Rights and legal ownership are safeguarded under The Transfer of Property Act, 1882. Provisions of prime importance are:
- Section 53A – Safeguards buyers in possession under an agreement.
Section 44 – Regulates co-ownership rights.The Indian Succession Act, 1925 – Regulates inheritance claims.
Frequently Asked Questions (FAQs)
1. How long will it take for a civil case to be finished?
Property cases may take months or years based on the complexity and pendency of courts.
2. Is it possible for an NRI to file a property case outside India?
Yes, through a Power of Attorney (POA), the NRI can authorize a proxy to file the case.
3. What should I do if my civil case is held illegally?
Apply for a civil suit for possession at the earliest and seek legal help.
4. How do I check if the documents of my property are genuine?
Visit a civil case advocate who can verify documents at the sub-registrar's office.
5. What is the role of a civil advocate in civil case cases?
A civil advocate offers legal protection, files cases, settles cases, and appears on behalf of clients in court.