Legal Framework for Property Disputes in India

Property transactions in India are governed by multiple laws:

• Transfer of Property Act, 1882: Defines ownership and transfer rules.
• Indian Registration Act, 1908: Requires registration of all property transactions.
• Real Estate (Regulation and Development) Act, 2016 (RERA): Ensures transparency in real estate projects.
• Limitation Act, 1963: Sets timeframes for filing property-related claims.

n Additionally, state-specific land revenue codes, municipal regulations, and local court jurisdictions play a vital role. For instance, Maharashtra follows the Maharashtra Land Revenue Code, 1966, and its RERA authority regulates property projects in the state.

Common Problems in Property Disputes

• Inheritance and Title Disputes
  A buyer may purchase a property from an heir, only to discover another sibling or relative files a lawsuit claiming their share. Example: In a 2023 Bombay High Court case (M/s. Developers v. Society), the court ruled in favour of the original heirs, leaving the buyer with no claim.
• Disputes from Agreements to Sell
  Sometimes, sellers enter multiple agreements to sell with different buyers. The later buyer may face litigation for specific performance, resulting in ownership disputes.
• Undisclosed Encumbrances or Liens
  A property may carry loans or mortgages unknown to the buyer. For example, a recent Delhi case involved a buyer discovering their flat was mortgaged to a bank, requiring them to clear the debt to gain ownership.

1. Practical Steps to Check Land Records for Disputes

To avoid getting caught in property legal disputes, buyers should follow these steps:

• Conduct a Title Search and Obtain an Encumbrance Certificate

1. Trace the property’s ownership history for at least 30 years.
2. Obtain an Encumbrance Certificate (EC) from the Sub-Registrar’s office. This shows all transactions, mortgages, and potential legal claims.

• Physical Verification and Public Notices

1. Visit the property and speak with neighbours or society members.
2. Check local newspapers and government gazettes for public notices related to legal claims.

• Verify Land Records for Disputes

1. Access state land records online (e.g., Bhulekh for Maharashtra, Jamabandi for Punjab).
2. Visit local tehsildar or revenue offices for physical verification.

• Search Court Records for Court Cases on Property

1. Use the e-Courts portal (ecourts.gov.in) or district court websites.
2. Look for pending litigation under civil law, family disputes, or the Specific Relief Act, 1963.

• Consult RERA for Under-Construction Projects

1. For new developments, verify project details and ongoing disputes on state RERA websites. Developers must disclose litigation status.

• Hire a Property Lawyer

1. Engage a real estate lawyer to review all documents, check for pending court cases in higher courts, and confirm the seller’s authority to sell the property.

2. Timelines and Documentation Tips

• Encumbrance Certificate: Check 12–30 years of property records.
• RERA Complaints: File within 60 days of discovering discrepancies.
• Document Retention: Keep copies of title deeds, EC, sale agreements, building approvals, and occupancy certificates. Ensure all documents are legally stamped and registered.

3. Legal Remedies for Property Disputes

If you discover a dispute post-purchase, you may consider:

• Filing for Specific Performance: Under the Specific Relief Act, 1963, enforce the sale agreement if misrepresentation occurred.
• Claiming Damages: Under the Indian Contract Act, 1872, recover losses due to fraudulent transactions.
• RERA Complaints: Address delays or undisclosed disputes in registered real estate projects.
• Injunctions: Prevent the seller or third parties from altering the property’s legal status during litigation.

Legal Advice: Things to Avoid

• Don’t rush property purchases; skip due diligence at your peril.
• Avoid relying solely on the seller’s assurances. Verify independently.
• Never proceed with unsigned or unregistered agreements.
• Seek professional help when unsure about documentation or legal processes.

Conclusion

Checking for property disputes is essential to secure your investment in India. By verifying land records for disputes, obtaining an EC, conducting legal due diligence, and consulting professionals, buyers can prevent costly court battles and protect their property rights. A proactive approach today saves years of stress tomorrow.

Disclaimer:

This article is provided for general informational purposes only and does not constitute legal advice. Laws and regulations may vary based on jurisdiction, and the information may not reflect the most recent legal developments. Readers should consult a qualified legal professional for advice Customised to their specific situation.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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