Disputed Property: Overview

The sale of the disputed property in India is a matter of concern for owners, as no one wants to be trapped in legal proceedings where they lose money along with time and peace.  A property is only salable legally when all the owners agree to sell the property.

Otherwise, the property will be considered disputed, and you will be dragged into court trials. To prevent such property disputes, you need to be aware about all property related documents and procedures. 

Immovable property is a great asset to own because it gives you a great investment option with financial security. But investors in greed sometimes purchase a property at a low price and then realise why it was sold for such a low price.  Because those properties were disputed. These properties come at a low price as they have a bunch of problems, take everything, and burn your pocket and your life.

When A Property Is Considered Disputed?

Disputed land Meaning

A Disputed Property is considered disputed when different people argue over who owns a property. It often stems from unclear legal papers, disagreements over inheritance, boundary problems, property dispute cases between brothers or dishonest property transfers.

Dealing with disputed ownership can be challenging for the homeowner and might involve a complex legal process to settle who actually owns the property.

Can A Disputed Property Be Sold

In Indian law, selling a disputed property without the consent of all owners is not allowed. According to the Transfer of Property Act of 1882, all co-owners must agree to sell a property for the sale to be legally valid.

If one or more co-owners try to sell the property without the agreement of others, it's considered illegal. Selling a disputed property without the consent of all owners or while legal proceedings are underway can result in serious legal consequences. Therefore, it's essential to ensure that all co-owners agree before proceeding with any sale to avoid legal issues.

What Steps Can You Take After Purchasing A Disputed Property?

If you discover that a disputed property is being sold or is in the process of being sold without your knowledge or consent in India, there are legal options you can pursue to seek justice:

1. Injunction: You can file a suit for an injunction in the relevant civil court. An injunction is a court order that prohibits a party from taking specific actions, such as selling the property, until the court resolves the matter. In your case, you would ask the court to issue an injunction to halt the sale of the property until the dispute is resolved.

2. Lis Pendens: Under Section 52 of the Transfer of Property Act, lis Pendens applies when there is ongoing litigation concerning a property. If you become aware that the property is being sold while legal proceedings are underway, you can inform the court about the pending litigation. The court may take appropriate action to prevent the sale until the dispute is resolved.

These legal resources provide avenues for you to protect your interests and prevent the unauthorised sale of a disputed property. Seeking prompt legal advice and taking decisive action can help safeguard your rights in such situations.

How to file FIR for property dispute?

To file an FIR for a property dispute, first, visit the police station that has jurisdiction over the area where the property is located. This ensures that the case is handled by the correct authorities.

Next, you need to provide a written complaint. In this complaint, explain the details of the dispute, including the nature of the issue and any criminal activities involved, such as threats or violence. Be sure to include evidence of ownership, like property documents, to support your case.

Once you’ve submitted your complaint, request the police to register an FIR. This will officially start the process and allow the police to investigate the matter.

However, it’s important to remember that most property disputes are civil matters, not criminal. These issues often need to be settled in court through a civil lawsuit. Therefore, it’s a good idea to consult a lawyer before taking action to ensure you choose the right legal path.

How To Resolve Property Dispute In India?

First of all, remember that if the property is disputed and the magistrate thinks there could be chaos because of that property, it can cause violence between two parties. The magistrate can impose CrPC section 145 to stop the violence.

If you find yourself in the unfortunate situation of purchasing a disputed property, it's crucial to take immediate action to safeguard your interests. Here's a concise guide to help navigate through this challenging scenario: Let's understand, how to solve property dispute?

1. Review Documents: Begin by thoroughly examining all pertinent documents related to the property, such as title deeds and survey reports. Look for any clauses or mentions of potential disputes in the sales agreement.

2. Consult with an Expert: Seek guidance from a seasoned real estate attorney who can provide a professional assessment of the situation. Their expertise will aid in understanding your legal standing and exploring available options.

3. Understand the Dispute: Carefully analyse the claims and legal implications involved to clarify the nature of the dispute. Identifying the root cause will facilitate choosing the most suitable resolution pathway.

4. Engage in Negotiation: Initiate discussions with the party from whom you purchased the property. Exploring avenues for mediation or arbitration can lead to a mutually agreeable resolution before resorting to formal legal proceedings.

5. Consider Legal Recourse: Should negotiation fail to resolve the dispute, be prepared to pursue legal remedies. Your attorney can assist in initiating a lawsuit to protect your rights and seek appropriate damages.

6. Review Insurance Coverage: Evaluate your insurance policies to ascertain if they offer coverage for losses stemming from the disputed property. Understanding your insurance options can help mitigate financial repercussions.

7. Mitigate Damages: Take proactive measures to minimise potential losses and damages associated with the property dispute. Maintaining the property's upkeep and adhering to legal obligations will help mitigate risks.

8. Stay Informed and Communicate: Stay actively involved in the dispute resolution process and maintain open communication channels with your attorney and other involved parties. Remaining informed and engaged ensures a smoother resolution process.

By following these steps and seeking professional guidance, you can more confidently navigate the complexities of a disputed property purchase and effectively protect your interests.