Property Disputes : Nature and Methods to the Win -Win Solutions
1. Majority of property disputes take place between mutually related and known persons. They are mostly between two or more private parties who have been in relation of some type. Rarely property disputes take place between the strangers. Property disputes should always be avoided since the same prevent enjoyment of the property under dispute for a long time during the pendency of the case which normally runs into years even in the first stage court. Appeals sometimes take decades. In most cases appeals are filed by either party to the suit or case who is aggrieved by the order of the first court. In no case both the parties can win. If either of the party is inclined and has adequate resources to continue litigation, most of the cases no matter how small or trivial the same be land up at the Supreme Court finally by way of civil appeals or Special Leave Petitions.
2. It may thus be inferred that a property dispute reaches the stage of court cases would result in restricted or no enjoyment of the property for 20-25 years i.e the fruitful years of an average person’s life.
3. Despite the evil consequences of property getting entangled in a court case, there is no reduction in property disputes’ court cases. The reasons vary. In a large number of cases improper legal advice at the appropriate time short of a dispute landing up in court and even during the hearings of the case leads to disputed getting escalated when the same could have been nipped in the bud. In most cases, parties to the litigation are co sharers of the property and the dispute is about a very small percentage of the property with major shares being very clear to both the parties. The problem of ego takes over the rational and practical thinking. The availability of right advice about whether to take the option of a court case becomes most important and essential. In most cases positive approach and recognition of right and wrong as well the correct legal position leads to amicable settlement of a possible dispute through give and take. We offer our advisory services giving out legal and practical solutions to avoid initiation of a new dispute or settlement of an existing dispute which is at any stage of court hearings.
4. We advise our subscribers to approach us at as early a stage as possible, for solutions to a possible dispute though mediation and conciliation. Though we can handle the same right till the Supreme Court of India, yet our first endeavour is to avoid litigation by guiding the parties to the suit in the most unbiased manner about legal position as drawn out from judgments of the Supreme Court of India relevant to the facts of the case.
5. Please be advised also to read subject wise notes on our web site, covering legal side of the topics related to the property disputes of a varied nature between Landlord-Tenant, Family Property Co-owners, Will Beneficiaries, Legal Heirs, Sale Purchase, RERA, Builder – Purchaser, Mortgage, Loan, Adverse Possession, Possession, Agricultural Land, Insurance etc.