A Brief Framework of Property Disputes – Role of a Property Disputes Lawyer - Kislay Pandey

A property dispute lawyer is called in to resolve matters of the property. Property Dispute refers to any dispute concerning real property (such as a house, condo, apartment etc.). They may involve a range of different issues and several different parties. These issues may be one or all of the following;

• Agreement Disputes  Boundary Disputes
•  Dispute over division of property
• Dispute over Property Rights
•   Mortgage Disputes etc.

Property Law is the area of Law that governs the various forms of ownership and tenancy in real property. Property Disputes are a common occurrence in India. For thousands of years property remains one of the primary reasons that tear apart families.  Every year Property Dispute cases and cases concerning Property Matters cover a very large part of our legal claims.  These disputes can be because of a variety of reasons. A dispute between neighbors or between owners and tenants can arise from the most insignificant of issues. It could be as petty as a neighbor encroaching on your space by crossing a boundary.

Protecting one’s right to property in India can be a serious challenge. The ignorance on the part of the buyers, investors, purchasers regarding purchase of property can be summoned as a major reason for disputes relating to Property Matters. Another reason for property disputes in this country can be attributed to a miss in adherence to the rules in the legal documents under which all real estate transactions are executed. Such a slip leads to misunderstandings, different interpretations and litigations. The sheer number of Property dispute cases goes on show that scrutiny and drafting of various legal property documents are major areas of concern as well as improvement. Most of the times it’s the failure on the part of the people to take extra care to trace the ownership of such a property that leads to various forms of litigation. 

A Property Dispute Lawyer will make an accurate assessment of your concern and advise you on the solutions available to you which will be peculiar to your situation within the Indian Legal Framework. A Property Matter Advocate also offers Legal advice and assistance on how to validate or clear title proofs for a property. And apart from the damages, compensations and injunctions that may be issued as remedies to such a dispute, a case on Property matters can put a hindrance on the title of the property, which means the property will not be marketable, if there is an ongoing, unresolved dispute around it. Thus every Property dispute needs to be handled in a specific way and no two are same and the issue needs to be resolved before the property can be put up for sale.
Regardless of who or how many parties there are to the dispute, Property Dispute Advocate is indispensable for these kinds of cases. They provide you Legal Advice, guidance and representation throughout the duration of the proceeding.

Protection or Creation of a Privileged Class

Few days ago, The Supreme Court asked the Centre to apprise of governance benefits from shielding the top bureaucrats. The constitution bench of Justices R M Lodha, A K Patnaik, S J Mukhopadhaya, Dipak Misra and F M I Kalifulla expressed their desire to know whether the protection had improved policy making and governance or not.

17 years ago, the court had in Vineet Narain judgment turned down the Centre Government request to protect the top government officials such as joint secretary and above rank officials from the charges against corruption as it hamper the smooth functioning of the government.
The apex court termed it as illegal, a roadblock in eradicating the corruption, how can government barred the CBI from investigating the matters? And it awe considering that CBI cannot even start an inquiry without the consent of the Centre.

Apex court also condemns the September 11, 2003 decision of the NDA government, which took the legislative route to add Section 6A in Delhi Special Police Establishment (DSPE) Act to give similar protection.

The bench of five judges imparted that this kind of safeguard can further encourage the corruption. They said, “Do you want governance where everyone is free to take money? How can protection be given to those who have disproportionate assets? How can you establish a link between disproportionate assets and bold policy making?”

“All bureaucrats and government servants have a protection under the PC Act, which requires a probe agency to seek sanction from concerned authority prior to prosecution. Why this special protection for a small band?” a five-judge Constitution Bench headed by Justice R M Lodha said.
What I want to make a point here that, India is a democratic country and everyone is equal before the law, Rule of Law is an indispensable element of our constitution. Such types of provisions violate the equality and demarcate between the privileged and underprivileged. I appreciate that Supreme Court expressed stiff concern over it and no one can tolerate the violation of Anticorruption Law.