Date : 01-02-2019 09:38
What are the main reasons for property disputes in a family?
Property disputes between brothers and sisters or other family members can cause hostility and long-term or permanent damage to relationships. Whether property is jointly inherited or purchased, ensuing conflict and controversy can lead to indelible problems.
Property dispute is a common occurrence around the world. Since greed is at a great level, war on property comes from families with low income to families of families. Even wearing bad iron can be challenged by the miserable beneficiaries. Most inclined relatives have to get a clear solution in court cases.
Inheritance is passing on the property, titles, debts, rights, and obligations to another person upon the death of an individual.
As per Inheritance Law in India a person can inherit property in two ways:
- Through Will
- Through state laws of Intestate Succession
Many types of property disputes one may likely face, such as, disputes occurring from the unhappy beneficiaries who may have got less share in a property than what was expected by them, for instance, in cases of property received by way of inheritance under a will or otherwise.
Alternately, such quarrels may also arise due to wrong motives to retaliate or extort money, even when there is no prima facie case of a claim over a property. Disputes also arise in the event of property grabbed by using illegal means, such as forceful possession, erroneous complaints and cases, or by way of forging or concocting documents or even by making fallacious wills.
Real estate disputes lead to big, expensive problems. Whether you are an individual purchasing your dream home or a Minnesota business entering into a commercial real estate lease, some of the most common real estate disputes can be avoided with protection from carefully drafted contracts. The most frequent types of real estate disputes include:
Real estate fraud
When a party to the negotiation makes a false representation and causes you injury, that is called real estate fraud. For example, if you know that a real estate agent withheld information that threatened the success of your development, then you have grounds to pursue actual and punitive damages.
When a party to a real estate contract fails to perform an action outlined in the agreement, a specific performance action forces the person to accomplish whatever was promised. For example, with a good contract in place, you can seek a court order forcing a seller who refuses to sell to give up the property.
Breach of contract
Any purchase and sale agreement or lease is a form of contract. When parties to a contract do not live up to their obligations as outlined in the contract, they can be found in breach of contract. As long as you have a properly constructed contract, you can pursue damages for losses resulting from the breach of contract.
Title issues and insurance
Title must be clean for a buyer. There are many ways to establish clear title.
Real property owned by more than one person can be the object of a dispute when co-tenants, joint tenants or partners disagree over a wide array of issues. In such instances partition actions may arise.
Disputes arise when property boundaries have not been clearly registered or, over time, a practical property line supersedes the legal line. An experienced real estate attorney can research your property boundary to determine whether there are any areas of potential disagreement.
The obvious solution to the substantive owners of the property is to take up the matter before the court of law and seek redressed. On the other hand, courts are fully loaded with matters of such property disputes and therefore, unable to provide relief as expeditious as is required. Property disputes stretch even for decades, from the lower court to the highest court, and on the other side, there is no guarantee of winning after a long battle is fought over a disagreement.
An amicable settlement or a prompt resolution by the arbitration dispute resolution system has to an extent worked well in many cases, however, has failed to resolve the issues where the stakes involved are pretty high and the level of greed involved is mountain-top. A strive to win at any cost in property disputes by the rich players in the real estate market as a matter of standard, respect and dominance continues, which causes immense harm and loss to the persons entitled to the rights over a property. Such persons economically suffer and lose their hard earned savings, and in many cases are forced to sell their surplus properties to save the disputed one or even at times are pushed by themselves to borrow loans so as to spend and defend their right and save the questioned property. Such legal costs are not even fully reimbursed to them in the event when the dispute is resolved in their favour, which again causes due economic loss.
By working with a lawyer experienced in family property disputes, you gain the best opportunity to resolve the cause of the dispute as quickly and effectively as possible.
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