What is Litigation?

Litigation could be understood as the process of resolving disputes or legal conflicts by the court system. It includes bringing a lawsuit or taking legal action to enforce or defend a legal right. Litigation would typically include two parties: the plaintiff, who initiates the legal proceedings, and the defendant, who responds to these allegations. 

The process of litigation is composed of various processes which are filing a complaint, gathering evidence, exchanging information, presenting arguments in court and finally the  judgement or settlement by the Court. It covers various areas of law, including civil, criminal, and administrative matters. It is a formal legal process which is designed to seek a resolution to a dispute through the court’s judgement or decision. Here under various reasons for property disputes have been discussed in details-

Conflicts over ancestral property: Ancestral properties are properties which are inherited from at least four generations of paternal forefathers. A child will be the legal heir of such property from the moment of his or her birth. If a person does not get his share in the ancestral property, he or she can claim the same in court. Many times, an ancestral property is sold to a third party without the knowledge of other coparceners by one or more heirs. Therefore, when buying an ancestral property, it is important that you check the partition deed and title deed properly.

Incomplete information: On various occasions, in order to sell their property, the owners do not disclose complete information about their property. A buyer has a right to have complete information about the property he is about to buy. If the seller does not disclose correct  information about the property, the buyer can sue him or her and demand proper compensation.

Land encroachment: It is one of the most type of property dispute in India which mostly occurs on empty plots. Here, the owner of a neighbouring property or any local goon would put up a structure intruding on your land. In these disputes, the property documents would protect your rights as the owner of the land.

Delay in possession: Since the implementation of the RERA Act, developers or builders of  property are bound to complete the construction within a defined timeline. However, in case the buyer does not get the possession of the property after the deadline, he or she can demand his money as well as compensation for the waiting period. In order to protect your rights as the buyer of an under-construction property, it is advised that you must buy a RERA-approved unit.

Alteration in the layout: When buying an under-construction property,the buyer sometimes  does not get the same property that he or she expected or was promised to. If the flat or villa does not match its blueprint, the buyer will have the right to claim his money back or demand for compensation.

Environmental concerns: As a potential buyer, you must be sensible about environmental concerns. A property’s construction should never pose dangers to the environment.In a recent example, the future of a few residential projects in Uttarakhand was uncertain as their construction was affecting the flora and fauna in the region.

Brokerage issues: At times, a conflict may occur due to the non-payment of brokerage to the real estate broker/agent. Such situation may arise in case the amount of brokerage is not pre-decided or agreed upon with the buyer.

Conclusion:– As the owner of the property, buyer, or seller, you must avoid the disputes  mentioned above or any other dispute related to the property by remaining informed about them. Therefore, before investing in a property, it is important to inspect it properly and carry out due diligence related to its legal documents. Also, you must make sure that the property purchase or sale is carried out as per the law.

Property disputes could be resolved by means of negotiation, mediation, arbitration, or litigation, and it is important to seek legal advice from a qualified attorney when you are facing such issues. Ultimately, the main objective is to find a resolution protecting the interests of the parties involved while minimising the time, cost, and emotional toll taken dur to the dispute.

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