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Property Dispute FAQ

Frequently Asked Questions

The best remedy available when a family member refuses to partition joint family property is to file a suit for partition before the Court of jurisdiction where the property is situated

Yes, a co owner may sell property without partition of the same but if you are aggrieved by such sale you can challange the same in competent court of law and implead the purchaser as a party too.

You can take stay on sale or construction of the disputed property by moving an appropriate plaint along with the application for stay under order 39 rule 1 and 2 of the code of civil procedure

No registration and mutation alone do not prove anything with regard to owner ship. The law says possession and 99 points ownership. Possession is generally a good ground to claim ownership but the same should also be clubbed with documents showing ownership

For encroachment or illegal possession one can file suit for permanent and mandatory injunction and along with that apply for appointment of local commissioner from Court for ascertaining the factual position

Yes seller can be compelled to complete the sale by getting the registration of sale deed done in favour of the purchaser. For this first get the legal notice served through counsel upon the party not complying to the terms and if he still does not complete the terms of agreement you can file a suit for specific performance
 
Yes you can recover the advance amount if the seller breaches the agreement but the same totally depends on the terms and conditions of the agreement to sell
 
The law of adverse possession says that one who is having continuous possession of the property can claim ownership on the same by showing better title on the property.
Ancestral property is the one which passes on from generations and all the family members having right in it by birth. Self acquired property is the one which is purchased from own funds and money and no other person than the one holding it has right in the property
 
The documents required for filing a partition or property title case vary from case to case but the basic documents are the property documents aadhar card municipal or revenue record of the property family tree family id property id details of the Defendants etc

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