Property disputes are among the most common kinds of disputes that one sees coming up before the court of law. Regardless of where it is in the country, there is a common thread running through that suggests a bit of a pattern in the kind of property and real estate disputes that we see occurring. The disheartening part of it all remains that the courts in India are already incrementally encumbered by a rising number of cases, which means that most of these cases wind up either being postponed for many years, or finding no real solution for a while.
Some of the more common disputes in the real estate sector occur for the following reasons.
Real estate regulatory bill
Improper regulation of the real estate sector alone has been the factor for many cases. Right from public confusion to a lack of clarity on several issues, industry specific disputes have suggested that people have been confused over governmental policies and legislation, and this has resulted in many cases being filed.
Incomplete information
The lack of sufficient and complete information is an important reason, as well. Either the non-disclosure of facts or the lack of available evidence to support a set of facts remains one of the key causes resulting in a conflict. In many instances, buyers have indicated that the lack of crucial information about the property at the time of purchase has caused them much inconvenience, and when it particularly includes dues attached to the property concerning tax and bills that have not been cleared by the previous owners, it becomes a legal dispute.
Deferral of possession
Delay in possession is also a major reason for the occurrence of real-estate disputes. The construction of a project often tends to get delayed and deferred, and it is often due to the obligation to secure a number of necessary approvals like environment clearance, non-agriculture permit and building permit among many other factors. This leads to dispossession or postponed possession.
Unapproved changes
Modifying the layout without telling buyers is another cause. Revisions in plans and designs in a project must be first approved by buyers. But, when this is not done, it causes room for legal disputes.
Real estate fraud
Fraud in the real estate sector is another issue that culminates in legal disputes. Oftentimes, the lack of regulatory authority to seek redress and claim compensation or damages in the face of a fraud makes it easy for those involved to actually commit a fraud. The onus falls on a buyer to check the developer’s and builder’s credentials.
Payment complication
Trouble with brokerage and non-payment can also cause a bit of trouble in the real estate industry, and culminate in a legal dispute.
The truth is that many a property dispute can be avoided with clear documentation and contracts. Thorough documentation will serve as protection from unexpected disputes in the future. Keep your eyes open and ensure you’re sheltered from unnecessary problems in future.
