Property & Real estate Disputes & Cases

1. Ownership & Title Disputes

These involve conflict over who legally owns the property. Common cases:

•Declaration of Title Suit

•Suit for Permanent Injunction

•Suit for Cancellation of Documents (sale deed, GPA, will, gift deed)

•Adverse Possession Claims

•Duplicate Title / Multiple Sale Claims

2. Partition & Family Property Disputes

Common when joint properties are not divided:

•Partition Suit

•Suit for Mesne Profits

•Suit for Rendition of Accounts

•Disputes over ancestral property share

•Challenge to family settlement/compromise deed

3. Possession & Recovery Disputes

Litigation to secure physical possession:

•Suit for Possession

•Eviction of unauthorized occupants

•Trespass / Illegal Encroachment

•Boundary line disputes

Often accompanied by applications for:

•Status quo

•Police protection

•Commissioner for site inspection

4. Sale, Purchase & Agreement-to-Sell Disputes

Arise from failed property transactions:

•Specific Performance Suits (to force sale completion)

•Suit for Refund of Advance Money

•Suit for Damages due to breach of contract

•Fraudulent sale transactions

•Misrepresentation of ownership

5. Builder–Buyer & RERA Disputes

Under RERA and consumer forums:

•Delay in possession

•Defective construction

•Forfeiture of booking amount

•Unfair builder agreements

•Hidden charges

•Non-registration of project

•Compensation for mental harassment

Cases filed before:

•RERA

•Consumer Court

•NCLT (in case of insolvency of builder)

6. Tenant–Landlord Disputes

Under Rent Control Acts and civil courts:

•Eviction suits

•Illegal possession

•Non-payment of rent

•Tenant creating sub-tenancy

•Rent enhancement disputes

•Damage to premises

7. Mortgage, Loan & Bank-Related Property Disputes

Handled in civil courts, DRT & DRAT:

•SARFAESI actions

•Wrongful auction by bank

•Mortgage fraud

•Challenge to possession notice

•Dispute over NPA declaration

8. Government Acquisition & Land Compensation Disputes

Under Land Acquisition Act and Right to Fair Compensation Act:

•Incorrect compensation

•Delay in compensation

•Dispute over public purpose

•Challenge to acquisition notification

•Rehabilitation & resettlement disputes

9. Illegal Construction & Municipal Law Disputes

Includes disputes with municipal bodies:

•Unauthorized construction

•Demolition notices

•Building plan rejection

•Change of land use disputes

•Encroachment on govt. land

10. Co-operative Housing Society Disputes

Disputes within apartments and societies:

•Maintenance disagreements

•Mismanagement by society

•Illegal transfer or refusal to transfer property

•Parking disputes

•Member suspension cases

Handled by Registrar of Cooperative Societies and civil courts.

11. Registration, Stamp Duty & Document Disputes

Includes:

•Under-valuation & stamp duty disputes

•Wrong registration jurisdiction

•Challenge to forged registry

•Compulsory registration lawsuits

12. Will, Succession & Probate Disputes

Though partly related to family law, these fall under property disputes:

•Challenge to validity of Will

•Probate & Letter of Administration suits

•Succession certificate issues

•Disputes between legal heirs over self-acquired property

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Common Applications in Property Litigations

•Application for Temporary Injunction (Order 39 Rule 1 & 2)

•Status Quo Orders

•Commissioner Appointment (Order 26)

•Stay against demolition/eviction

•Police aid application

•Impounding of forged documents

•Condonation of delay

•Execution petitions (possession, injunction, damages)

Ankit Gaurav Kainth - Best Advocate in Dwarka Court