A Complete Guide To Property Case Lawyers

Property lawyers supervise all contracts and deal with liens and documents. If a property dispute occurs during or after the transaction, hiring a property lawyer will ensure that you receive the maximum protection within the legal framework. The lawyer will meet all your legal requirements and be proficient in the new property law.
 

Inspired by an article: https://lawyers.mysore.servicemall.in/articles/a-complete-guide-to-property-case-lawyers/a-complete-guide-to-property-case-lawyers.html

About Property Case Law

How Can I Become A Property Lawyer In India?

Eligibility To Become a Real Estate Lawyer

  • Candidates must pass the 10+2 test and have graduated from a recognized education committee or university with a total score of not less than 50%. If the candidate is applying for LL.M, then he/she must hold an LLB degree.
  • Must have a valid law entrance exam score accepted by the college one is seeking admission to. Some popular law entrance exams in India include CLAT, AILET, LSAT India, etc.
  • There could be an age restriction that may vary according to the degree and the institute. 

What Kind Of Lawyer Handles Property Disputes?

Property dispute lawyers have expertise in disputes related to property ownership and use, while property rights transfer lawyers are responsible for purchasing and selling property. Although the two can overlap, such as a dispute regarding a property settlement, they are still distinct law areas.

Which Type Of Lawyer Earns The Most In India?

Know India's Highest Paying Jobs in Law

  • Trial Lawyers. 
  • Intellectual Property Lawyer. 
  • Tax Lawyer. 
  • Judges. 
  • Law School Professor.
  • Law Firm Associate. 
  • Work for Public Sector Units. 

 

How Property Disputes Are Resolved In India?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Family Settlement/ Partition Suit In Family Disputes about Property.

In any dispute, including the Property Claims Chamber, the first step is to carefully draft and send a legal notice regarding the property's division or liquidation to the property's other legal heirs.

The legal notice of such a division must mention each co-owner's shares (legal heir), all the details of the property involved, and the necessary measures that must be taken.

Suppose the co-owners fail to reply to the legal statement or send a vague reply. In that case, they can initiate a partition suit in the court where the property jurisdiction is located.

A property division lawsuit is a lawsuit filed when all co-owners fail to agree to the property division's terms and conditions when any co-owners wish to divide the property according to their share in the property.

The court's first step is to analyze and determine whether the individual/co-owner who has filed a partition suit with the court is a real claim in the disputed property. Ultimately, once the property-sharing right is established and no further investigation is required, the court will assign separate ownership of the property to its legal co-owner.

An initial decision to name a commissioner was taken by this inquiry, which then assessed the property and released a formal report. Then, the court only determines each co-owner's share based on the commissioner's report and distributes the property based on each co-owner's legal share in the property.

What Can A Real Estate Attorney Do For You?

Real estate lawyers record and review real estate transactions, including purchases, leases, inspections, and evaluations. They also help solve title insurance and environmental issues. When problems arise in real estate transactions, real estate lawyers will intervene in litigation and defend the court; many real estate lawyers also help lenders with foreclosures, while other lawyers help borrowers resist foreclosures.

What Are The Three Types Of Property?

There are three broad forms of property in economics: private property, public property, and collective property (also called cooperative property). The property of more than one party may be owned or controlled very similarly. However, it is expected that the parties will clearly (unconditionally) determine the property's will (rather than discretion) to preserve ownership and exempt land rent.

How Is Property Divided In Family Law In India?

According to Hindu law, the property is divided into two types: ancestral property and self-acquired property. Ancestral property is defined as the property that has inherited up to four generations of male lineages and should remain unchanged throughout the period. For offspring, whether it is a daughter or a son, the equal share of this property is generated by birth itself. Before 2005, only the son owned this property. Therefore, according to the law, the father cannot provide such property to anyone he wants, nor can he deprive his daughter of his share of the property. At birth, the daughter owns part of the ancestral property.

What Is An Example Of Property Law?

A government can restrict what a person does with their property. Laws that restrict the use of real property are called zoning laws. For example, a government can restrict the use of a property to residential, commercial or industrial uses.People who purchase property in an area must know zoning restrictions and follow them. Zoning laws can be generic like restricting a property to residential use, or they can be quite specific like requiring buildings to have a certain amount of setback from the road.

How Do I Get A Stay Order On My Land?


There is no permanent stay like order under law. If your other family members are building on your land, please notify the police. If the policy does not take any action, please contact a good lawyer, inform him of all the facts, and take corresponding actions according to his recommendations.

How Can I Resolve Land Disputes In India?

The best way to resolve a dispute may be to reconcile to resolve the opponent's disagreement before bringing the matter to court. Land use is a complex subject, so you need to reach an explicit agreement on all essential writing matters in any proposed settlement. Even if you disagree with the settlement plan or the settlement plan reached is not entirely satisfactory, you should try to ensure that you have the right to participate in future decisions about the land.

What Property Laws Does India Have?

The following are some of the principal regulations governing Indian real estate: 

The Property Transfer Law of 1882: This law is a central decree that stipulates the general principles of movable and immovable properties, such as the sale, exchange, mortgage, lease and gift of property, partial performance, and compensation. 

The Indian "Ease Act" of 1882: This law governs the laws related to real estate easement. 

The Indian Contract Law of 1872: This law governs the laws related to Indian contracts, including the ability to conclude contracts, execution and enforcement of contracts, breach of contract, and remedies available to all parties. The contract-related chapters in the Property Transfer Act of 1882 should be part of the Indian Contract Act of 1872.

Right To Fair Transparency And Compensation In Land Acquisition, Rehabilitation And Resettlement Act, 2013:

The law regulates the government's purchase of private land for specific public purposes or for companies and the compensation and restoration measures that the government will take.

How Do Families Resolve Property Disputes?

The obvious solution for most is to drag the matter to courts instead of settling down. However, most people don't realize that apart from being a tedious and expensive process, courts in no way guarantee a satisfactory resolution. It is, therefore, advisable to opt for a family settlement.Here are some points that will make you understand the concept of settlement better.

What Is A Family Settlement?

In short, a family settlement is an agreement in which family members mutually work out how to distribute property among each other. The parties should contact each other and claim their share of the disputed property. The latter is not limited to real estate but can also cover movable properties such as jewelry or money in bank accounts.

Why Do You Need A Lawyer?

Sometimes the law and legal framework can become confusing and difficult to understand, especially when it involves family property disputes. In this case, people may not know how to determine the legal issue, the area related to the issue, whether the issue needs to go to court and how the court process works. Consultation with a lawyer and some legal advice can help you understand your options and determine your legal recourse.

How Close Can I Build A House To The Property Line?

You need to check where you live with the zoning/building department. Fifteen feet is standard in some areas. If I understand right, there must be 10 feet (perhaps 5 feet) between a building and the property line in certain places. And then, sometimes only if the neighbor whose possessions are being invaded agrees. If the building/addition has been erected without a building permit and zoning approval, the "burdened" owner may request removing the problematic building.

How Can I View The Bangalore Property Report?

Documents required for Bangalore property verification

  1. Sale Deed.
  2. Power of Attorney/GPA.
  3. Agreement to Sell/Sale Agreement.
  4. Encumbrance certificate.
  5. Property Tax Receipts.
  6. Khata Certificate.
  7. Completion Certificate.
  8. Occupancy certificate.
  9. Latest Electricity bill.

How Do I Search Bangalore Flat Documents?

Before buying ready-to-move apartments, you must check five documents.

  1. Sale deed. 
  2. Completion/Occupancy Certificate.
  3. Building plan.
  4. Encumbrance certificate.
  5. Mutation certificate.

Is There Any Law That Restricts Real Property?

The laws restricting the use of real property are called zoning laws. For example, the government can restrict property use to residential, commercial, or industrial use. Those who purchase property in a particular area must be aware of zoning restrictions and comply with them. Zoning laws can be general, such as restricting property to residential use, or particular laws, such as requiring buildings to have a particular setback from the road.

Encroachment Problems

How Do You Solve Encroachment Problems?

Popular Ways To Deal With Encroachments

Complete a professional land survey. A professional land survey should always be the first step to assessing any potential border or encroachment issues.

 Talk about things and offer concessions. Speaking straight and facing the problem is one of the best ways to solve any problem between neighbors. If land surveys determine that Encroachment exists, or if neighbors agree that Encroachment is a problem, then it's time to find a solution.

Find Mediation Or A Neutral Third Party.

For neighbors who cannot agree but who also want to stop getting lawyers and maybe even to go to court, mediation, or working with a third party who is impartial in the matter can help. It usually is much less expensive than an attorney's fee, and a competent mediator will assist all neighbors to concentrate on the real problems that are botherin'.

If all other methods fail, hire a qualified real estate lawyer. Good lawyers will be able to advise on the best and most cost-effective way to resolve disputes. She or he can also advise whether your title insurance company should respond to any litigation.

Is A Fence An Encroachment?

Encroachment occurs when your neighbor invades land with a specific structure (such as fences or decks that cross the border). Even if you don't mind Encroachment, you must at least acknowledge its existence when you sell the house.

How Do You Stop Encroachment?

Make sure that a strong wall or fence protects your property. If possible, construct a small building on your property and rent it out to trusted tenants according to the draft lease agreement. Must monitor and regularly visit your open space. Try to visit your land frequently and make sure that there is no large time interval between visits.

What Are Examples Of Encroachment?

Encroachment occurs when your neighbor's fence or other property crosses the property line. Other examples of Encroachment may involve trees, parts of buildings, fences, or other fixtures located on both property pieces. Usually, this violation is deliberate. It usually happens when neighbors are not getting along. However, sometimes the government will become the aggressor. In this case, the government will need to obtain a zoning permit. What if the owner of the property is violated? If you are dealing with neighbors, you can first try to be polite. You can request that the violation be removed, or the person who committed the violation can lease property from you.

What Can I Do About Land Encroachment?

Suppose your neighbor is unable or unwilling to remove the Encroachment but is otherwise open to resolving the issue. In that situation, you may consider selling the encroached-upon property to him. In this way, you can get some money for property damage, and your neighbors can use the land without worry. It is usually best to contact the mortgage lender before selling to ensure that all land records are accurate and current. A local real estate lawyer may help you obtain all these documents in order.

Lawyer Fees

What Is The Cost Of A Lawyer In India?

 

 

However, the sought-after criminal lawyer is relatively busy in the lower courts and the high court, and his fee is about ₹ 9 lakh. Others that charge between ₹ 5-6 lakh in the Supreme Court are Dushyant Dave, Chairman of the Bar Association of the Supreme Court, C.A. Sundaram, and former ASGs L.

Each appearance's cost is between 3-5 lakh per appearance, the most common among them charge, while those in almost as high demand charge in the range of 1-3 lakh.

How Much Do Indian Real Estate Advocates Cost?

 

 

 

It depends on the service you want. E.g., Suppose you want to perform simple due diligence on the standard apartment you want to buy. In that case, the apartment is under construction or ready, and there are no known legal or regulatory issues, the attorney fee can be between 12,000 and 20,000 Indian rupees.

If you wish to conduct due diligence or court litigation on the property with known problems or disputes, the cost may be between 20,000 and 75,000, depending on the depth of the problem and the intensity of the research sought.

For dispute settlement or property-related civil cases, the cost can be between 20,000 and 20 lakhs.

What Is The Cost And Time For Property Certification In Bangalore?

The lawyers will charge starts from Rs. 5,000/- to 25,000/-depending on the facts and documentary conditions. For any specific job, there are no fixed fees for lawyers.

References & Citation


https://en.wikipedia.org/wiki/Property_law

https://nlla-india.webs.com/

https://www.indialawyers.org/

https://www.nla.org/

https://www.uianet.org/en