Practice Area Guide

Property Disputes Lawyers

Property disputes span title and ownership conflicts, illegal possession or encroachment, partition among co-owners or heirs, landlord-tenant and eviction matters, easement and right-of-way disputes, and disputes with builders or developers over delayed or defective construction. The core statutes are the Transfer of Property Act, 1882 (which governs sale, mortgage, lease, and gift of immovable property) and the Registration Act, 1908 (which makes registration of most property transactions mandatory for them to be legally enforceable).

Where a property is jointly owned — commonly among siblings or extended family after inheritance — a partition suit can be filed to formally divide the property or its sale proceeds. Where someone is occupying property without legal right, remedies include a suit for possession or, in some cases, a criminal complaint if the occupation involved trespass or force. Builder-buyer disputes over possession delays, quality of construction, or refund of booking amounts are now largely handled under the Real Estate (Regulation and Development) Act, 2016 (RERA), through the state Real Estate Regulatory Authority rather than ordinary civil court, which is often faster.

Before buying any property, a title search and due diligence — checking the chain of ownership, encumbrances, and pending litigation — can prevent most of these disputes from arising in the first place. If you're already facing encroachment, a builder delay, or a family partition dispute, timing matters: possession and limitation issues can affect what relief is still available to you.

Frequently asked questions

Should I check the title before buying property?

Yes — a title search covering the chain of ownership (usually 30 years), encumbrances, pending litigation, and municipal approvals is the single most effective way to avoid a dispute later.

What can I do if someone is illegally occupying my property?

You can file a civil suit for possession and injunction, and in cases involving force or trespass, a criminal complaint. If you were dispossessed within the last six months, a faster summary remedy under the Specific Relief Act may be available.

Where do I complain about a builder who has delayed possession?

Complaints against builders and developers for delay, defects or refund go to the state Real Estate Regulatory Authority under RERA, 2016, which is generally faster than a civil suit. Consumer commissions are an alternative forum in some cases.

How is ancestral property divided?

Co-owners or legal heirs can file a partition suit asking the court to divide the property by metes and bounds or, if that isn't practical, to sell it and divide the proceeds. A registered family settlement can avoid litigation entirely.

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