We shall ask some questions pertaining to Property and land disputes and get his opinion.
1.Hello Sir,Now a days land and property disputes are drastically increasing all over what is your take?
Hello Madam thank you for providing me an opportunity to address your legal doubts.
First of all Land and Property rates are running in Crores of Rupees so this is the first reason
Second reason is owners not taking care of their inherited property or purchased property.
Or while making a purchase the buyer commits some mistakes and makes wrong steps which give rise to problems leading to litigation.
2.So how should one take care or protect their Property as per law?
First of all while purchasing Flat or Land one should approach a good Advocate and get a legal opinion on the property and then one should check about clear title, link documents , any legal heirs or claimants, possession, any mortgages, liens, charge, any pending litigations etc and go for publication of a public notice in news papers before making payment to the seller.
This is called caveat emptor ( Puchaser Beware ) the burden will be on buyer to check all the credentials of the seller before making any purchase.
3. If there are any disputes or claimants then what should one do?
If possible they can settle it with them or drop the deal as simple as that.
4. What happens If there are any pending litigations ?
If there are any pending Original Suits then the sale deed will be cancelled and declared null and void as per sec 52 of the Transfer of Property Act and buyer will loose all the amount.
This is called Doctrine of Lis Pendens
5. What to do if some one grabs the flat or land which we have Purchased or inherited ?
We have multiple remedies, we can file Civil Suit for recovery of possession or Perpetual injunction against all the Main persons and their henchmen who are interfering with the peaceful possession and enjoyment of your property.
We can file Writ Petition in High Courts for providing Police protection to our property under Article 300-A (Right to Property is now a Constitutional right earlier it was fundamental right)
We can file a criminal case of misappropriation and criminal breach of trust and cheating , etc if there are such ingredients
Recently Honble Supreme Court of India has delivered a Judgement by Honble Ex Chief Justice Justice of India ,Shri NV Ramana Lordship which was an excellent one.
“Poona Ram Vs Moti Ram” it was held that “If any body illegally occupies or strays into your property or land throw them out by force” so force means legal force so we can file relevant cases in Constitutional Courts like HC or SC for quick resolutions.
6. How much timeframe is required for Civil cases?
Easily it takes 5-6yrs and if other party goes for Appeal then it will take 5-6 more years for High Court and another 5-6 Years in Supreme Court.
Court fees is very expensive in civil matters that’s why most people are unable to go for civil remedies.
7. How much will be the court fee?
6-10% Court fee or Rs.1000/Lakh approximately for as per Card/Government Value of the Deed.
8.How much is the punishment if I go for Criminal case?
There is provision of Life Sentence for land or property grabbers and it’s a heinous crime.
Also our Police is invoking PD Act /Goonda Act /Rowdysheet/MCOCA/UAPA by which the Accused will not get bail for years.
9. Is there a chance for Compormise ?
Definately 90% cases always lead to compromise.
10. What happens if the property dispute is within the family?
Now a days property and land disputes are increasing in the families day by day.
If Grandfather or father dies without executing a will deed it is called intestate.
If Will deed is executed and is registered it is better or else there are so many instances where will deeds are destroyed with in the family by brothers or sisters to grab others share or they will fraudulently make other siblings execute release deeds or gift deeds. In most of the cases brothers deny equal share to sisters.
10.What can we do in such cases ?
The Aggrieved party can file a cancellation of the release deed or gift deed or apply for partition of the properties because as per Hindu succession Act Class -1 Heirs are called coparceners and as per juddgement of Honble Supreme Court in Vineeta sharma Vs Rakesh Sharma it was held that Daughters have birth right in fathers property.
11.What can we do if there is no Will deed ?
Then one can file a civil suit for obtaining legal heir certificate or succession certificate and it will be obtained in few months and also can go for Partition Suits.
12. What happens if the dispute is between parents and children for property?
If the parents have ancestral property then partition suits can be filed but if it is self acquired then father can give it to one of the children and refuse to all others
13.If children take a giftdeed from parents and throw them out?
Then parents can approach the Govt Authorities like RDO or Collector and get the gift deeds cancelled as per Maintenance and welfare of Parents and Senior citizens Act 2007-Central Act.
14.If tenants do not vacate the flat or property and grab it ?
Suit for eviction and possession in civil court or criminal case of criminal breach of trust in criminal court for which punishment is life imprisonment.
15.What are these property offences called?
They are called White collor offences because they are non violent crimes to knockaway others valuable properties for wrongful gains.
That’s why various High courts and Supreme Court have often held that white collar offences are more heinous than murder or rape.
16.What happens if a person defaults on home loan or property loan?
These loans are called secured loans and if a person defaults on these loans then banks will invoke SARFESI ACT-Securitization and Reconstruction of financial assets and security interest Act 2002,very very dangerous and a draconian act which will help banks to immediately auction the property and new buyer will take possession immediately with the help of police and original owner will be thrown out and will loose out on all the amounts he has already paid and he will not be able to go to neither civil court nor high courts as there is prohibition in the SARFESI ACT
17. Is this very cruel and harsh on the person ?
Yes madam now a days its not people who are defrauding banks but banks are defrauding people by abusing SARFESI ACT
18.What is the solution for this?
The aggrieved party can invoke sec 409 ipc which is now 316(5) BNS or 111 BNS (Organised Crime) and book a criminal case against bankers and put them behind bars for life time coz this section is specially engrafted for bankers by Britishers.
Or move Debt Recovery Tribunal for a STAY.
19. What kind of property related services does Sridhar dayal Law Firms provide ?
Madam I have minimum of 5-10 Juniors in various District courts across the Country, In almost all High Courts and Supreme Court as well ,I go for main hearings of Arguments and Cross Examination ,etc, We are specialists in property and land disputes for civil and criminal and in Constitutional Courts, so we prepare a best strategy and try to get success and Justice for the clients in quickest possible ways.
20. What can buyers do if a Builder cheats then after collecting amounts and do not provide the Flat or plot?
Buyer can book a case Under RERA ACT in Respective RERA Tribunal and its REAT(Real Estate Appellate Tribunal) and there are very heavy fines on Builders upto 10% of Project costs and also file civil or criminal cases against the fraudulent builders who can face life term in jails.
21.What is Prohibited or 22A List
Government many times puts lands in the category of Prohibited List or 22A List which are considered to be Assigned Lands or Government Lands and in such scenario if the owner has some kind of deed or title or any such ownership document the their names can be removed by filing a Writ Petition in High Court.
22. How to get survey of Land?
As far as survey of land is considered first of all an FLINE Petition has to be filed with the Mandal Revenue Officer and if they do not conduct it then an appeal can be filed with Assistant Director Survey and after that a Writ Petition or Civil Suit can be filed for such reliefs.
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