Our property litigation services include legal actions relating to adverse possession, boundary disputes, breach of covenant, compulsory purchase and compensation, contentious break notices, contested lease extension claims, dilapidation and disrepair claim, disputes arising out of the sale and purchase of land, disputes concerning rights or obligations relating to land including trespass, title disputes and ownership, easements or other rights concerning land, restraint, emergency injunctions, forfeiture and repossession, jointly owned property disputes including claims and the trust of land and appointment of trustee, landlord and tenant disputes, landlords consent to assign, sublet, alter, change use, lease and franchise, lease interpretation, lease renewals – opposed and unopposed, nuisance, party wall, possession claims, property related professional negligence, rent arrears and insolvency, rent review and service charge disputes, residential landlord and tenant claims, residential leaseholders rights, service charges and breach of covenant disputes, tenant insolvency, urgent eviction of squatters or other unauthorised occupiers of land.
“Good fences make good neighbors.“
– Mending Wall by Robert Frost
Boundary can be described as a line where your land and is an land of your neighbour begins. Boundaries are important for good relationships.
We believe that land is the most valuable possession after one’s own is life and family and must be protected at all costs. If your land is valuable to you then your neighbour’s land is valuable to him also. That is why boundary disputes escalate very quickly. Boundary dispute may arise because of uncertainty or because your neighbour might intend to illegally possess some part of your land. Boundary dispute may also be because of technical reasons like incorrect demarcation of boundaries by the revenue authorities.
The best solution in such matters is to sit and negotiate peacefully. Litigation must be seen as a last resort. A neighbour will remain your neighbour even if you will litigation against him. The ill will which is generated because of litigation will continue for years to come. Such land disputes and mutual hatred which is generated because of them and up in criminal cases also. However in case you feel that you have a good cause of action, you can file suit for ejectment or declaration that the neighbour be restrained from entering your piece of land.
Our commercial property legal services include acquisitions and disposals, asset management, commercial leases (acting for both landlords and tenants), covenants and easements, franchise sector, high value (bespoke) residential sales/purchases, investment property, planning, retail sector, secured lending, financing and refinancing.
Adverse possession means that a person has been in possession of a property against the consent of the owner even though the owner has knowledge that a person is in possession. If the possessor is able to prove that he has been in exclusive possession of the property for a period of more than twelve years and this is in the knowledge of the owner, the possessor may become owner under the law of adverse possession. Our law firm has assisted numerous plaintiffs and defendants in claims for or against adverse possession respectively.
Building and construction disputes
Our lawyers know the factual and legal complexity involved in building and construction disputes. There are so many factual matters to be determined by the court. We believe that almost all types of disputes can be resolved amicably. However, if the disputes are not settled amicably, our lawyers are ferocious in their advocacy. A construction project in which our client has invested his hard earned money and precious time may go wrong because of so many reasons. The reason may be shoddy workmanship or that the concerned builder has not performed his part of the contract as per the schedule time or a builder may be asking more and more money without any substantial improvements in construction project. In all these cases, we can assist clients in getting justice.
We understand the role that property has in the lives of those whose hard earned money goes into purchase of property. Property plays many roles in life. It can provide residence and can bring success in business. A lot depends on where people live and work. This is the reason we are very careful in handling the matters related to residential and commercial real estate.
We assist our clients the purchase and sale of large residential and commercial spaces. In high net worth transactions, we represent clients the sale and purchase of property and communicate with banks for the purpose of financing. In the past, we have represented developers, manufacturers and real estate builders. We assist clients in drafting sale and purchase agreements, leasing agreements and maintenance agreements (where the bylaws prohibit lease of property).
The experience and knowledge of our law firm in bills, estates and trusts makes us the best in the field in North India. We have trusted by generations of families and national and international NGOs. Our lawyers provide tailored assistance to estate planners and financial advisers in preparing all-round state plans which includes wills, trusts, succession plans and power of attorney..
Will is a document under which a person can leave his assets and property in the name of another person after his death. This is the best way to take care of property and ensure that property dispute does not arise among the legal representatives of the person.
Under Indian laws, property of a person devolves after his death on his legal representatives in two ways –
- when a will is not made, the property devolves according to the law of succession
- when a person makes a will, the property devolves according to testamentary succession
The Hindu law of succession is extremely complex. Under these rules there are several classes of persons and this ancient law prescribes the percentage of property which is to be inherited by each of several classes of persons. Our law firm suggests that a person must make his own will and should not leave his assets to the law of succession. This can be understood with the help of an example. If a man has two minor children, wife and a mother and he dies. His property will be shared equally by his two minor children, wife and mother. However if he will the property in favour of his wife, only his wife will be the absolute owner of the property. Further, if a man believes that his family has not treated well, he can also make a will in favour of a complete stranger.
The case of a Muslim male is different. A Muslim male cannot will away more than two third of his property. This share of property must be divided among the family members as per Shariat Act. Under this law, wife of a Muslim cannot be dispossessed. If a Muslim has several wives, all share equally with each other. Further under Muslim law, sons get twice the share of daughters.
The Indian Succession Act 1925 applies expressly to wills and codicils made by Hindus, Buddhists, Sikhs, Jains, Parsis and Christians but not to Mohammedans. Under the said act, there are certain persons who can and cannot make a will. A person of sound mind and who has attained the age of majority can make a will. On the other hand lunatics, insane persons and minors under the age of eighteen cannot make a will.
Some terms which must be understood to know the basic law relating to wills.
An executor is a person who is appointed by will of the testator to administer his property and to give effect to the clauses of the will.
Letter of administration is certificate granted by competent court to the administrator of a will which authorises him to administer the estate and the property of the deceased in accordance with the clauses, terms and conditions of the will. If an executor has not been named in the will, an application can be filed in the court to grant letter of administration for the property.
Probate is a legal process under which the validity of the will is probing the court of law.
Succession certificate is a document which is issued by competent court of law which certifies that a certain person is successor of a deceased person as per his will. This authorises the successor to realise the deaths in securities which originally belonged to the deceased person.
NRI legal services & Property Disputes
We believe that NRIs are the most adversely affected persons and it comes to litigation. This is because even when the matters relate only to civil litigation, those resident in India and opposing the NRIs make false and frivolous complaints to the police and set the criminal justice machinery in motion against the NRIs. In such a scenario, NRIs are afraid to visit India and pursued civil litigation. This adversely affects their legitimate claims in India. The most common disputes of non-resident Indians relate to immovable properties like residential accommodation, flats shops ancestral and self acquired land.
Some examples on how NRIs are adversely affected by mischievous persons are –
- relatives and friends of NRIs prepare fake papers and get the land transferred by way of natural succession.
- Relatives or friends of NRIs claim to be owners on the basis of a forged will of the land which is actually owned by NRIs
- tenants of the property belonging to non-resident Indians take illegal possession of the property. These tenants later refused to vacate the premises even after the expiry of the lease or rent agreement.
In such cases the only remedy which is left with NRIs to file a civil suit along with an injunction restraining illegal possessors from entering into the property or file suit for vacant possession. In case of illegal teen and, NRIs may file rejected applications under Rent Restriction Act.
Land search for NRIs
NRIs were now residing in foreign countries have some property land India which was originally owned by their ancestors. Many times it happens that NRIs do not have opened documents of this inherited property. Several times and arise may not even know the exact details of the area in which properties are located. These NRIs are also received by friends and relatives in India and on the basis of false and fabricated documents like power of attorney, these relatives and friends transfer the property which legally belongs to NRIs.
Our law firm offers exceptional services to conduct in-depth search for all the information and get relevant documents relating to the property owned by the NRIs in India. Certain revenue records can be easily obtained and of high evidentiary value like jamabandi and khasra girdawari. Our lawyers also assist creation of map of the property and our staff can create videos and photographs of the property at several intervals to ensure that the property is not illegally possessed.
To ensure that the property which is subject matter of transfer and is to be purchased by an NRI is not in dispute or our NRI client is not cheated by a criminal, we also conduct title searches. Our title searches include identification of sellers, identification of the property (the properties same as that which is told to our client), ensuring that title of the property is not disputed, execution and delivery of all the documents, thorough inspection of the property to ensure that it is not an illegal possession already, representation before judicial and quasi-judicial authorities including courts.