Title: Ways to Avoid Common Property Disputes
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WAYS TO AVOID COMMON PROPERTY DISPUTES
Ways to Avoid Common Property Disputes November
29, 2017 fr Real Estate Common Property
Disputes, property blog, property website blog,
real estate, Real estate blog, real estate
property blog, real estate property website blog,
real estate website blog A Srishti Chandola
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Property disputed generally forms a huge chunk of
cases that block our judicial system. Over 66 of
all the cases are related to the property
litigations. There are various types of a
property dispute. Mostly, the disputes relate to
the title of the immovable property. Saving
simply that one person has good title over
properties basically implies that people like
these have the right to enjoy rights or the
interests in property, use, possession, income by
way of the rent, etc. You certainly have to prove
the title of the properties through suitable
documentary evidence. The dispute those are
pertaining to a property at times arise via
claims from co-owners, legal heirs, wrong
representation by seller disputes over easement
rights, improper details of the property in title
dead, etc. also, dispute may arise when party to
transaction, after getting earnest money or the
advance money which refuses his assigned part of
contract as well as approaches other buyers as
well as takes the consideration from him. In this
particular matter, the older purchaser can come
up to the court and contest the property title.
There can be various other disputes pertaining to
the delays in possession delivery of apartments
by developers to buyers. Another common dispute
comes when the property is taken either under a
will or through a gift. In such cases, some
people may contend that process of transferring
property via gift or a will is not valid in eyes
of law. With a lot of respect to inherited
property, differences and disputes do arise at
times especially when the buyer buys any such
inherited property without even the knowledge
that it is actually an inherited property. Any
inherited property may be subject to some
conditions of will, validity, succession
certificate or letters of administration. How
disputes to be avoided and minimize the involved
risk Title search Before buying a property,
conduct a complete verification and perusal of
the title documents of property for minimum 30
years. The property verification and title search
2are conducted by either an advocate or a reputed
title investigator. Another way to make sure if
the property is legally clear is to see if it is
approved by any of the leading banks. Only the
banks will approve the properties which have some
legal clearances as well as valid documents.
Also, make sure that the property is not
mortgaged. Sanctioned plans You must ask your
builder or developer for a sanctioned plan and
compare it with the actual built-up area. Doing
this is important as many times, the plan that is
sanctioned is not similar to the built-up area
and such construction amounts to the illegal
construction. Inheritance When investing in any
inherited property, make sure that the name of
the beneficiary is actually mutated in the
pertinent government or the records of revenue
which depends upon the propertys nature. Make
sure that all such properties are transferred
with requisite proof of the inheritance, for
instance, a probate or will or succession
certificate, letter of administration or by
mutual understanding. In case, there is no will,
make sure that property was distributed according
to the applicable succession laws. Municipal
approvals Make sure that your house plan has all
the required approvals that are needed from
varied departments of the municipal corporation.
Ensure that any licenses that are required have
obtained from appropriated departments. Sale deed
dates Make sure that the date of the stamp papers
would match with date of transfer of the title
documents. Any property would require all these
clearances to avoid any property disputes.
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