Property Dispute Clearance

Property Law is the law related to properties that are combined with enacted rules, policies, and principles. These laws and principles enforced by the government regulate the ownership, leave and license, and the lease of a property. These laws control and resolve the disputes that arise during the transaction or possession of a property.

In West Bengal, the most effective property law is the Transfer of Property Act, 1887. It is the main law that deals with the transfer of ownership rights. Transfer of Property Act is also concerned with the leasing and mortgaging of a property.

Apart from the above-mentioned property law, several other laws that deal with disputes regarding the ownership, succession, partition, and inheritance of property. The other laws and acts related to property disputes are Partition Act 1893, Hindu Succession Act 1956, West Bengal Succession 1925, and Muslim Personal Law Application 1937.

Another property law in West Bengal is the West Bengal Easements Act, 1882. This law is concerned with the easements rights of a person. These rights are conferred or implied upon the individual by the agreement and conduct of the parties.

Land Acquisition Act 1894 is concerned with land acquisition done by the government. Land acquisition can also be done by the companies for the welfare of the people.

Another property dispute law is RERA. It was established by the government to resolve the issues and disputes between the buyer and the builder. This law was enforced to develop transparency between the two parties in property translation.

Maharashtra Rent Control Act was introduced to mitigate the disputes that may arise between the landlord and tenant. Registration Act 1908 was enforced to address the issues related to the registration of deeds, documents, and agreements.

Special Relief Act 1963 is concerned with the injunctions and stay-orders related to property disputes. It acts as a civil remedy that is available for the aggrieved for some specific performance.

Some property laws are enforced by the government to protect and preserve the rights of a person over their property.

One of the primary reasons for property-related disputes is the unavailability of a clear property title. A property title offers clarity in the ownership of the property and gives indisputable rights to the owner. A clear title to the property gives peaceful possession of the property along with specifying all the incomes and expenditures related to it.

To avoid property-related disputes, an individual can go through the following steps.

• 1) Verification of Property Title
  

  Before buying a property, one should verify the title of the property and examine the records for the last 30 years. The verification of the documents of the property is done by matching the property records with that available with the registrar. An advocate helps in checking the records and verifying whether the property title is authentic. Banks also conduct title verification of properties during the mortgage or before lending money against it.

  Before buying a property, one should verify the sanction plan of the builder with the district collector or town planning authority. A construction becomes illegal if the builder’s plan does not match with the plan which has been approved by the planning authority.

• 2) Reputation of the Builder and Testimonials
  

  The reputation of the builder plays an important part in the quality of construction of a property. It is very important to verify the reputation and performance of the builder in the past years. The track record of a builder can be verified from the RERA website.

• 3) Dates on Documents
  

  The dates on the stamp paper of a property should be the same as the date of transfer. In case, the property is being transferred from one person to another as an inheritance, then there is a major risk of fraud. It is very crucial to check whether the transfer of property is being done following the applicable laws and regulations. A property will is mandatory to prove that the property is transferred following the legal rights as mentioned in the grant of probate, letter of administration or succession certificate. A will is required to legalize the transfer of property from the society registration records to the land revenue records in accordance with the will.

  If there is no will of the transfer of property from one person to another, then it has to be considered that the property has been transferred as a gift or through a sale.

Buying a property is a complex process. There are several legal procedures and complicated steps to ensure the legality of the title of the property. Common people are not that much accustomed to the legal terminologies and languages that are mentioned in the property documents. An experienced advocate is necessary for this matter to understand the law matters and legal terms involved in the documents of the title of a property. A well-informed advocate will provide the necessary advice and guidance through the process of title verification, checking the revenue records of the property, and examining the authenticity of the property. An advocate is knowledgeable about the power of attorney holder and checks other legal factors regarding the property. The government plans and town planning for the property are all required to be understood and checked out by a law practitioner. After the title verification process, a sale deed is drafted if the result is positive. The deed needs to be filed very carefully, following all the legal steps and conditions. Next, the property registration is done and the stamp duty needs to be paid. All these steps are required to be done by a learned law practitioner who has considerable knowledge about legal matters. An advocate, with necessary legal knowledge, is required for guiding the buyer through these steps and ensuring a smooth and peaceful possession of the property.