Owning land has been an ancient pursuit of man. A piece of land was perhaps the earliest form of property. Over centuries the concept of property has imbibed various other tangible and intangible goods under its wings. As with all things human, this domain isn’t free from conflicts and fights. Battles have been fought, wars waged over piece of land. Relatives have fought each other in a bid to gain control over more property. Similarly, property laws also have been around since quite some time. With time, property lawyers have also witnessed their role garnering more importance. Leap ahead to the present day and we see no single owner who does not take advice from a property lawyer.
Ownership of a valuable asset does more than just give you the satisfaction of owning it. It serves as a security to fall back on in adverse times. It is an investment which could fuel your growth towards greater tomorrow. No doubt you must know and be familiar with all the legal aspects of owning, buying or selling property and consult the very best should you need sound legal advice related to property transactions or disputes. Property law deals with all legal issues emanating from ownership or transaction or even wrongful usurpation of property. Our team of property lawyers has been relied on by an elite clientele since decades to take care of their best interests and defend their rights whenever necessary.
Legal practice within the domain of property can be classified into:
• Corporeal or tangible property (land)
• Incorporeal or intangible (an easement of way)
• Most of the property disputes are a result of succession agreements. There are personal laws which define the method of division of property among legal heirs in case of intestate succession. Any disputes thereof are heard by the civil courts. Testamentary Succession comes within the ambit of Indian Succession Act. The Transfer of Property Act is applicable for cases involving modes of transfer, adjudicated by civil courts as well. Rent Control Act is applicable for tenancy matters and the Rent Controller has jurisdiction over such matters. As per the Muslim law, all movable and immovable properties dedicated for religious or charitable purposes are referred to as Wakf. Wakf Tribunal listens to matters related to it. Land Acquisition, Rehabilitation and Resettlement Act , 2013 governs all land acquisition and the Deputy Collector of a district adjudicates and disputes arising thereof.
Procedure in Property cases
• To begin the suit, the plaint is filed in the civil court.
• An expert property lawyer must draft the plaint and must mention a factual summary of the case which is being filed by the plaintiff.
• The cause of the action shall be established along with the jurisdiction of the competent court.
• The defendant replies to the plaint by submitting a written statement
• The plaintiff files a rejoinder, if any
• Evidence is led by both the parties
• Arguments are presented in the court
• The civil court pronounces a judgment and a decree
• Thereafter, execution is filed for implementation of the trial court’s orders
• An appeal to the decision can be filed before the District Judge
• It is within the powers of the High Court to hear a regular second appeal
• If still not satisfied, the Supreme Court can be approached through Special Leave Petition
• The time limitation for filing a suit must be adhered to
• The condonation of delay is not valid for filing a suit
It is completely upto the skill, experience and knowledge of the property lawyer how he represents your case and convinces the court of the merits of the same. A well established property lawyer would come up with a sure shot debate and expeditiously get your case resolved.
Types of disputes which arise within the domain of property law:
• Common Land
• Intellectual Property Rights
• Easement Rights
Our property lawyers are well-versed with most of the statutes related to property litigation:
• Code of Civil Procedure
• Hindu Succession Act
• Indian Contract Act
• Indian Succession Act
• Land Acquisition, Rehabilitation & Resettlement Act, 2013
• The Limitation Act
• Muslim Personal Laws
• Rent Control Act
• Transfer of Property Act
• The WAKF Act