Property is, for most Indian families, the single largest asset they will ever own — and, unfortunately, the most common source of long, bitter litigation. Most property disputes are preventable, and almost all are easier to handle if you understand the basics before trouble starts. This primer covers the disputes we see most often.
Title disputes and the importance of due diligence
A great many property problems trace back to a defect in title that no one checked before buying. A proper title verification examines the chain of ownership (typically going back 30 years), encumbrance certificates, mutation records, approved building plans and any pending litigation.
Partition disputes
When co-owners (often family members) cannot agree on how to divide jointly owned property, a partition suit divides it by metes and bounds, or orders sale and division of proceeds. These disputes are emotionally charged; we always attempt a family settlement first, as a registered settlement is faster and cheaper than years of litigation.
Tenancy and eviction
Landlord–tenant disputes — non-payment of rent, refusal to vacate, or unlawful subletting — are governed by state rent-control laws and the terms of the lease. A well-drafted lease prevents most of these; where a dispute arises, the remedy depends on the ground and the applicable rent law.
RERA complaints against builders
The Real Estate (Regulation and Development) Act transformed homebuyers’ rights. If a builder delays possession, deviates from the sanctioned plan, or fails to deliver promised amenities, a buyer can complain to the State RERA authority and seek a refund with interest, or possession with delay-compensation.
- Collect your allotment letter, agreement, payment receipts and the builder’s commitments.
- File a complaint before the State RERA authority against the registered project.
- Seek refund with interest, or possession with compensation for the delay.
How to protect yourself
- Always conduct a full title search before buying.
- Insist on registered documents — agreements to sell, sale deeds and gifts.
- Keep every receipt and written communication with builders and co-owners.
- Resolve family property issues through a registered settlement where possible.
Frequently asked questions
How do I check if a property has a clean title?
A title search examines the 30-year chain of ownership, encumbrance certificates, mutation records, approved plans and any litigation. Always have this done before paying an advance.
Can I get a refund from a builder for delayed possession?
Yes. Under RERA, a homebuyer can seek a refund with interest, or possession with delay-compensation, by complaining to the State RERA authority against the registered project.
What is a partition suit?
A legal proceeding to divide jointly owned property among co-owners by metes and bounds, or by ordering its sale and dividing the proceeds, when they cannot agree privately.