Property law governs the various categories of ownership in both real (land) and personal (intangible) property. Real estate, personal property, and intellectual property are all examples of properties that have been legally secured by a legal right.
Contract law can be used to exchange things, while tort law can be used to defend property
rights if the property is damaged or destroyed.
Among the best law firms in Navi Mumbai, ParthaSaarathi Disputes Resolution LLP specialises in property-related matters such as title and ownership investigations, property registration, CIDCO transfer, Mahanagar name change, share certificate and society transfer procedures, as well as legal issues pertaining to co-operative housing societies.
We have some of the greatest advocates in Navi Mumbai working for us in this vertical.
We have solutions for every type of property-related legal difficulty you may be facing. Let’s take a look at some of the challenges that are related to property and the legal remedies that may be found for them.
Given that property disputes account for as much as 66% of all civil cases in India, it would not be an exaggeration to state that every Indian family has been involved in a property dispute at some point in their lives.
People are confronted with the following property issues :
● Delays in the construction process
● Alterations to the Building’s Structure
● Problems with Parking
● Housing Society is divided on this issue (Further discussed in detail)
● Issues with Leakage
● Denial of Conveyance in the Interest of the Community
● Ownership, possession, and partition issues are common in real estate.
● Disputes between landlords and tenants
● Acquisition of real estate and land, as well as rejection and deficit compensation
In addition to consultations and alternative conflict resolution processes, ParthaSaarathi LLP also litigates on behalf of clients to give the most practical and customised solutions to property problems in a timely and efficient manner.
Some of the creative property solutions that we are delivering to our clients at various forums include the following:
RERA, Consumer Protection, and the National Consumer Law Tribunal
While the Real Estate Regulation Act (RERA) has addressed the issues of timely delivery of possession of properties, parking, and correct use of money, the issue of the implementation of RERA orders continues to be a concern.
Throughout the execution process before the RERA, Sub-Divisional Magistrate, we assist our clients by timely filing and following-up on applications for execution by way of attachment of properties, arrests in extreme situations, and petitioning the High Court for the issuance of necessary directions to ensure that RERA orders are implemented as quickly as possible.
For all property-related concerns, our lawyers, who are also among the finest Consumer Lawyers in Navi Mumbai, take care of registering complaints at Consumer Forums.
This is done due to the Consumer Forum’s modest edge over other platforms and its intrinsically powerful executive powers, which include:
● Property possession is delivered in a timely manner.
● Receiving a refund of the amount paid as well as compensation of up to 18% of the amount paid.
NCLT is also an alternative for homebuyers who are experiencing the concerns listed above with their builders. As it becomes increasingly difficult to have RERA orders enforced, the NCLT is becoming a more attractive alternative.
However, we recommend that you only contact NCLT in extraordinary circumstances, such as when project delivery and order execution are likely to be difficult.
Family Settlement Agreement (FSA)
A family settlement is an agreement reached by members of a family to determine how a piece of property should be divided. It is preferable if all of the individuals involved are related and have a legitimate claim to the challenged estate.
Movable valuables such as jewellery and money in bank accounts are also covered by this policy. It is preferable to use a family settlement to resolve issues involving common property or joint family property rather than individual or self-acquired property that has been conveyed through a Will.
Fortunately, at ParthaSaarathi, we have a lot more peaceful and cost-effective answer to any family settlement situation. The process is one in which our lawyers, who are among the best family lawyers in Navi Mumbai, assist the family in reaching a mutually agreeable resolution to a property conflict.
A family settlement could consist of a single document outlining the allocation of assets, or it could consist of a series of contracts outlining the property rights of each family member.
One possible outcome of a settlement agreement is that one brother gets to keep the house. The other receives a Family Shop location, while the sister receives jewellery and whatever other arrangements that they mutually agree upon.
According to the Internal Revenue Code, a settlement agreement cannot be utilised as a gift and cannot be transferred. As a result, it is possible that the family settlement agreement will need to create a separate gift and sale deed.