Top 5 ways to avoid property disputes in India

Property Disputes in India
Real Estate » Top 5 ways to avoid property disputes in India

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Property disputes can be the most protracted and expensive legal battles in India. Yet, people can avoid such lengthy and costly legal battles through good legal counsel and advice. Buying or selling property is no joke and requires a good amount of legal care and planning. The ever-expanding world of legal loopholes, sluggish bureaucracy, a plethora of regulations, etc. can turn uncareful property dealings into a nightmare.

Property disputes in India can be of many types like- land title disputes, inheritance-related disputes, disputes between developers and buyers, tenant disputes, disputes w.r.t. occupancy certificates, etc. However, a good lawyer can help you easily understand the legal processes, prepare the necessary papers, and, most importantly, help you avoid mistakes that others could exploit. In this article, we will explore, we will explore the top 5 ways through which people can avoid and learn how to resolve property disputes in India.

What is a property?

In simple layman’s terms, a property is a physical or virtual entity owned by an individual or jointly by a group of individuals, or by a legal entity. Further, depending on the nature of the property, the owner of the property has the right to consume, rent, sell, transfer, mortgage, and exchange his property. Some of the traditional ownership rights include.

1. Right of the owner to take any benefit from the property.

2. Right to exclude others from the property. 

3. Right to transfer or sell the property.

4. Right if control over the use of a property.

Further, we can see that Section 2(c) of the Benami Transactions (Prohibition) Act, 1988 describes the property as: “Property” which means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in such property.” and Section 2 (11) of the Sale of Good Act, 1930 describes the property as: “Property” means the general property in goods and not merely a special property. Property can be of many types like- movable, immovable, tangible, intangible, intellectual property, etc.; in this article, we will talk about immovable property, i.e., land, buildings, shops, flats, etc.

Also Read: Facing a Property Related Dispute? Know How to Solve it.

Top 5 ways to avoid property disputes-

Here are the top picked ways to avoid property disputes in India:

● Verify the documents before making a purchase

Many legal disputes and unending trips to courts can be avoided if people thoroughly verify the property documents beforehand, through the help of a good lawyer. Whether you are buying property from developers, inherited property, or even auctioned property, first be sure of the ownership of the property, mutation of the property in the name of the seller, RERA registration, and approvals from municipal departments and other departments. In the absence of verifiable digital records, forging false property papers is possible, and many scams and frauds occur every year through the use of false documents. A good legal counsel can help you be sure of the property’s title and ensure the property documents are genuine.

● Regular inspection of the bought property

n an ideal scenario, buyers should reside at their property, but many buyers buy property for investment purposes and usually don’t reside at the purchased property. Still, it’s best advisable to regularly visit the property, install security cameras, fence the plot or make arrangements for a security guard at the property to avoid any problems. Similarly, people who leased out their property should also visit their property to ensure that things are well maintained. Buyers who buy under-construction property from developers should also regularly visit their property to ensure that the construction is as per the regulations and approved plan. If the buyers spot any irregularities or find the construction of substandard quality, they should immediately bring it to the developer’s notice.

Also Read: Thinking of Gifting a Property? Know the Legal Route

● Make clear rental/lease agreements.

It’s pretty common to rent out/lease property; similarly, disputes between tenants and landlords are also very common. The best way to avoid such disputes with tenants is to make the rental/lease agreements with clear-cut conditions and expectations.

It’s best to take the services of a good lawyer while framing the rental/lease agreements to avoid any shortcomings and loopholes in documents that others can exploit. In the rental agreement, you should clearly mention the security deposit, the occupant’s name, property rent, conditions to vacate the property, penalty for delay in rent payment, stamp duty on the rent agreement, maintenance charges, responsibilities of the tenant, etc. Further, property owners should get their rent/lease duly registered as the court’s honor only a duly registered rent/lease agreement
in case of a dispute.

● Get the property mutated soon after the purchase.

Mutation or Dakhil Kharij is an essential step in the property-purchase process. A mutation is a process in which the property’s buyer gets his name registered in property ownership records of the municipal body to show that the property has been transferred from the seller to the buyer, and now the property tax payment liability is on the buyer of the property. To make the mutation process quick and hassle-free, it’s advisable to use the services of a lawyer. The documents required for mutation are- sale deed, mutation application, registration deed, an affidavit on stamp paper of requisite value, receipt of current property tax payment, etc. Moreover, the mutation is essential if you want to sell off the property in the future. The mutation is necessary for all types of immovable assets– land, flats, individual home, shop, etc. Further, buyers should also ensure the seller has paid the property tax dues to avoid any disputes
regarding property tax liability.

● Prenuptial agreements

Property disputes can also occur between couples getting divorced or estranged; in such a case, it’s advisable to enter into a prenuptial agreement before the marriage gets solemnized to make things clear on property matters and avoid disputes. Prenuptial agreements are very helpful in solving disputes regarding jointly held assets and help prevent problems related to asset distribution in case of a divorce. Although prenuptial agreements are not legally tenable in India, they still carry a persuasive value if the divorce turns into a court battle and can prevent couples from taking advantage of each other. 

These were the top 5 tips to help people avoid property disputes. If you want to hire a property lawyer in Chandigarh to resolve your disputes related to land, property, or real estate Lex solutions is the right place for you.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.