Property Cases Advocate in Adhalli
Property disputes in India tend to be quite commonplace. Even in Adhalli, land and real estate disputes, caused by issues like inheritance, illegal possession, fraudulent transactions, and boundaries, arise every so often. Each type of dispute requires legal expertise mixed with adequate documentation and thorough knowledge of property matters.
Types of Property Cases
Title Disputes
Disputes wherein the ownership of property is contested on grounds of defective title or fraudulent claims.
Encroachment Cases
When a neighbor or third party occupies one's property illegally.
Illegal Possession
When property is occupied by individuals with no legal title to it.
Partition Disputes
These disputes arise among heirs in connection with the inheritance and division of property.
Lease and Tenancy Issues
This includes eviction cases, rent disputes, and lease violations.
Property Fraud Cases
This covers forged documents, false sale deeds, and those that forge or misrepresent.
Adverse Possession
A legal claim to land occupied without legal ownership for a very long time.
Government Acquisition Cases
Cases revolving around land that the government acquires for public purposes.
Crimes and Punishments Under the Indian Penal Code
Cheating and Fraudulent Transactions (IPC Section 420)
Where misrepresentation or deceit takes place in property transactions, the culprit can be imprisoned for 7 years with a fine.
Trespassing (IPC Sections 441 & 447)
Unlawfully trespassing onto someone else's land may result in a fine or solitary confinement of not more than 3 months.
Forged Document (IPC Section 465)
Forged property documents are punishable by up to 2-year imprisonment or a fine.
Criminal Breach of Trust (IPC Section 406)
In cases where a trustee is found to use a property for his personal advantage, he may be imprisoned for up to 3 years.
Essential Required Documents
To ensure proper handling of property disputes in Adhalli, the following legal documents are needed:
Title Deed
A legal document that proves ownership.
Sale Agreement
An agreement that details the terms of the transaction between the seller and buyer of the property.
Encumbrance Certificate
Proof of transactions revealing that the property is free from legal obligations.
Property Tax Receipts
To show that no dues are pending against the property.
Mutation Record
Transfer of ownership remains reflected in municipal records.
Partition Deed (if any)
To allocate property between family members.
Special Concerns for NRIs
Non-Resident Indians (NRIs) encounter additional challenges in property cases in Adhalli. Some significant concerns include:
Illegal Possession
Absence from India makes properties vulnerable to unauthorized occupation.
Fraudulent Sales
Cases wherein property is being sold through forged documents.
Power of Attorney Misuse
When those empowered misuse their authority.
Legal Representation
NRIs require reliable legal services to manage disputes.
What Does the Law Say?
Property transactions in India are regulated by the Transfer of Property Act, 1882, which facilitates the lawful transfer of ownership and prevents fraud. The Indian Succession Act, 1925, sets down the law on inheritance, while the Real Estate (Regulation and Development) Act, 2016 (RERA) seeks to protect buyers from malpractices on the part of developers or promoters in real estate transactions.
FAQ
What should I do if my property is illegally occupied?
You should file a suit for possession under the Civil Procedure Code (CPC) and seek an injunction from the court to prevent further encroachment.
How can I ascertain the authenticity of the property documents?
Inquire in the local land revenue office, check the title deed, get an encumbrance certificate, and call a lawyer.
Can NRIs file property cases in India?
Yes, NRIs can file property disputes in Indian courts and appoint a legal representative through a power of attorney.
What is the timeline for property disputes to be resolved in Adhalli?
It differs from case to case, but generally, it takes from several months to some years.
What are the available legal remedies for the victims of property fraud?
Besides filing a criminal case under the relevant sections of IPC (i.e. fraud, forgery, and cheating sections), they can also file for civil remedies such as injunctions and damage claims.