(Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore)
Scrutiny of
property documents could be a terribly technical job that solely consultants
within the matter will properly perform. If scrutiny of property documents
isn't applied in a very scientific means there's each probability of the
customer being treed into proceedings.
The first
and foremost issue to be thought-about by a prospective vendee of an immobile
property before mop up of any deal is to urge scrutinized the property
documents to grasp regarding the marketable title of the property, genuineness
of the document, enforceability of the title and whether or not the provisions of the laws, rules and laws of the revenue authorities area unit complied with.
Origin of the property, flow of title and gift standing of the property area
unit to be verified in a very systematic manner.
On being
happy with the title of the property, the customer will enter into an
acquisition agreement with the seller. It should be noted that the property
transactions aren't dead through oral agreements or understandings. These transactions
are executed underwritten documents that need required registration. whereas
drafting property documents, be it an acquisition agreement, sale deed, gift
deed, deed of conveyance, will, etc., each minute care is to be taken to
safeguard the interests of the parties that successively needs considering and
coping with the varied aspects of the relate bring out all the relevant data
deed no scope for ambiguity resulting in interpretation and disputing. Failure
to stick to the current golden principle would result in misunderstanding
between the parties. The actual fact that an outsized range of cases regarding
property matters area unit filed for judgment of the courts would itself head
to show that there's a good scope for improvement within the scrutiny and
drafting of property documents.
Disputable problems
Precisely,
it's unattainable to flatly state on the kind of disputes that may arise from out of a property dealings - it should relate to the valid title of the seller,
time schedule for payment of sale thought, returning possession of the
property, non- compliance of the conditions elaborate within the agreement to
sell by either of the parties to the dealings, share of a coparcener on
partition, interpretation of the recitals of a can, and also the like. Failure
on your half to require care of tracing the title of the correctly in a very
proper means can result in numerous varieties of proceedings.
When
disputes arise, at the primary instance folks resolve their disputes amicably
and after they fail to succeed in a well-meaning settlement they knock the
doors of the competent court for breakdown the disputes.
Readers
might kindly note that once the matter becomes legal, it'll take terribly long
amount to urge the disputes resolved by the courts and also the litigant’s area
unit typically prevented to agitate the property while not the permission of
the involved court once the matter is legal.
There can be
totally different form of relief wanted from a court of law. The relief could
also be for execution, restraining the alternative party from meddlesome with
the peaceful possession and pleasure of the property, compensation for the
loss, recovery suits, eviction suits, interpretation of a can, declarative
suits, and partition of joint family property then on.
Types of suits / action
When the
seller of a property though initially has in agreement to sell his property to
the customer at Associate in Nursing in agreement sale thought backs out of his
commitment, the customer will file a suit against the seller for execution of the agreement and also the court on being happy along with your claim, as a
customer, might adjudicate pass an order for execution of the sale deed in your
favor. On failure of the seller to transfer the property in your name despite
the court's order, you may file an execution petition. On the premise of the
execution petition, the court can take necessary steps to urge the property
registered in your name as per court's order.
Declaratory suits
Under bound
circumstances, once your title to the property is challenged or found to be
uncertain or defective, it's necessary for you to urge Associate order from the court on your title that purpose you'll got to file a declarative suit in a
very court of law.
Injunction
Filing suit
for enjoinment restraining the alternative party from meddlesome along with
your peaceful possession and pleasure of the property could also be necessary
once your property is below the threat of interference by some third party.
Partition Suit
Similarly,
once you area unit a co-owner of a property and once you want to urge your
share within the property to be enjoyed by you one by one and severally, you'll
ought to file a suit for partition.
Money Suit
For
realization of the money Lent on the protection of Associate in Nursing
immobile property by means of mortgage, you'll ought to file a suit for
recovery of the money due from the mortgager and on his failure you'll ought to
proceed, in line with law, for realization of the money due by marketing the
property encumbered.
Disputes before quasi-judicial
authorities
Different
types of litigations regarding the land revenue, land acquisitions, title documents etc., and area unit detected and disposed of by many similar judicial authorities like Tahsildars, Assistant Commissioners, Deputy Commissioners,
Survey Settlement Commissioners. Therefore, data of authority of those officers
would assist you lots in your property matters.
Disputes regarding revenue
enhancement and below valuation
District
registrars of Registration and also the military officer of Registration
adjudicate the disputes regarding the revenue enhancement owed and below
valuation of property. just in case you've got any grievance with respect to
the valuation and also the payment of revenue enhancement on your property
transfer, you'll approach these authorities for remedy to your grievance.
Landlord and Tenant disputes
In respect
of disputes between the owner and tenant falling inside the jurisdiction of the
Rent Controller, you'll ought to file petition solely before the Rent
Controller for relief. The disputes might relate to non-payment of rent,
sweetening of rent, fixation of honest rent, eviction of the tenant, etc.
Criminal cases
To initiate
reason behind action for forgery and fraud in property transactions, you'll
ought to file at the primary instance a police grievance or file a grievance
before the jurist. Criminal courts have a unique structure and if you lodge a
grievance, the State can prosecute the matter. In criminal matters, there's no
suit valuation.
Writ jurisdiction
You may
invoke legal document jurisdiction against the selections of the govt. poignant
your property rights by filing writ petition within the involved judicature or
within the Supreme Court for applicable relief.
The type of
legal remedy explained higher than is barely illustrative and not thorough.Additionally
to those remedies, there area unit alternative relief/remedies on the market to
a celebration. The relief is to be wanted from a court of competent
jurisdiction and for this purpose having data of the jurisdiction of varied
courts is important. An experienced advocate coping with property matters may
render terribly helpful service within the matter who might guide you properly
and defend you from superfluous litigations.
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