Disputes in Title of Immovable Property
The title of a property is a symbolic representation of the ownership right to a property. A person having a good title to a property, refers to the fact that the person is entitled to enjoy the rights of interests in that property. A good title must always be supported by authentic documents which protects your property against any interruption by another part. A dispute in title of a property may also arise when a property that is acquired by gift or under a will was not found to be lawful.
Sometimes a property is purchased without researching on the following such as:
Without verifying the location of the property.
Without finding out the actual person in the possession.
Without checking the latest development or regional plan.
When a property being subject to a road setback, school, welfare centre reservation or reservation of garden or playground, and is not represented to the buyer and the buyer ends up without inquiring about the same and pays advance money and later finds out the fact of a property being restricted in its use.
Disputes In Delay Of Handing-Over Flats
Any delay relating to the delivery of possession of flats by builders is considered a vague today. Currently, more than 80% of the real estate development, may it be residential or commercial are being delayed due to delays in following authoritative compliance’s such as, Intimation of disapproval, construction certificate, occupation certificate, and no objections certificates of sewerage, water, environment, fire, tree, police etc.
A fraudulent conduct performed by the builder to raise funds, enables him to sell a single unit or a flat to many buyers in order to raise funds at a construction stage. Such an act leads to a dispute. Moreover, delays may also occur because of lack of sufficient funds.
Disputes Due To Timely Payments/ Non-Payment of Rent To Members Of Housing Society
One common dispute in the real estate sector is the non-payment or delay in payment of rent to the members of housing society. When a builder undertakes to develop a housing society, he is under an obligation to offer a temporary accommodation of the members till the new building is constructed.
In the beginning of construction, everything moves with ease, but, at times, the construction of the building will come to a stop due to financial reasons or delays in compliances, disputes with a title etc. Members of such housing societies are left with little choice, that is, to request the builder from time to time to make the payment or else approach consumer court.
Disputes Relating To Inherited Property
Basically an Inherited property refers to the property received by a person through a will, as an heir or otherwise. One has to be very careful in buying inherited property inherited from his or her ancestors or from other persons. There are problems buying or even selling such property as the process is cumbersome and involves fraudulence.
Disputes generally occur when a purchaser buys such inherited property without the knowledge of such property being an inherited property or without the knowledge that such property is being subject to the conditions of will, probate, letters of administration or a succession certificate. When a person dies and has made a will for distribution of his assets, the property is distributed as per wishes set out in the will.
Wills may be challenged as to its authenticity on the grounds that the maker of the will was not a fit person when he made the will or the will is not the last and final will or the property has been distributed in contravention of the wishes set out in the will or the will is fallacious.
Disputes Between Buyers Builders/Estate Agents
Currently, the fraud played by buyers in cities have become a common phenomenon. The reason behind this is because of the fraudulence played by many builders in the market, with the help of illegal estate agents. In many cases, documents of the property are misinterpreted or providing documents which do not pertain to the property.
Disputes between buyers and builders lead to criminal complaints, civil disputes and sometimes physical threat as well. Such disputes have been found in the consumer courts. Fraudulence is not just restricted to money, but it extends to other breaches which the builder or the estate agents commit in contrast to the promises they offer to the buyer.
