Top 10 Common Property Disputes and How to Solve Them Legally

Property disputes in India are complex but not unsolvable. Most conflicts arise due to poor documentation, unclear ownership, or fraudulent practices.

Top 10 Common Property Disputes in India and How to Solve Them Legally

Property is one of the most valuable assets a person can own. In India, owning property is often considered a symbol of security and prosperity. However, with rising real estate prices, joint family ownership, complex inheritance laws, and fraudulent practices, property disputes are extremely common. These disputes not only cause financial loss but also drag families and business partners into long-drawn litigation.

According to the Ministry of Law and Justice, a significant percentage of civil cases pending in Indian courts are related to land and property disputes. Understanding the most common types of property disputes and knowing the legal remedies available can help individuals resolve conflicts more effectively.

In this article, we will discuss the top 10 common property disputes in India and explain how to solve them legally.

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1. Disputes Related to Inheritance and Succession

What It Means

One of the most frequent property disputes in India arises from inheritance. When a person dies without leaving a valid Will (intestate), property distribution is governed by succession laws like the Hindu Succession Act, 1956, or personal religious laws. Disputes arise among legal heirs about who gets what share, especially in joint families.

Common Issues

• Multiple heirs claiming ownership.

• Will challenged on grounds of forgery or undue influence.

• Unequal distribution of ancestral property.

Legal Solutions

• Will Registration – Though not mandatory, a registered Will is stronger proof of intent.

• Probate of Will – Legal process to validate a Will through court.

• Partition Suit – A co-heir can file for partition of ancestral property under the Civil Procedure Code (CPC).

• Mediation – Courts encourage family settlement through mediation before litigation.

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2. Disputes Between Landlord and Tenant

What It Means

Rental property disputes are common in metropolitan cities. They usually involve disagreements over rent payment, tenancy period, or eviction.

Common Issues

• Tenant refusing to vacate property after lease expires.

• Non-payment of rent.

• Illegal subletting.

Legal Solutions

• Governed by the Rent Control Acts of respective states.

• Landlord can file an eviction suit in civil court.

• Rent can be recovered with interest and damages.

• Leave and License Agreements should be registered to avoid disputes.

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3. Illegal Possession of Property

What It Means

When a person takes unlawful possession of another’s property, it results in a trespassing or encroachment dispute. This is also referred to as “squatting.”

Common Issues

• Neighbors encroaching on land boundaries.

• Occupying property of an NRI owner.

• Unauthorized construction on someone else’s land.

Legal Solutions

• File a police complaint for trespassing under the Indian Penal Code (IPC).

• Civil remedies include filing a suit for possession and injunction.

• Survey and demarcation by revenue authorities to establish boundaries.

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4. Disputes Related to Sale of Property

What It Means

These disputes arise when there is fraud, misrepresentation, or breach of terms in property sale transactions.

Common Issues

• Seller selling the same property to multiple buyers.

• Fake documents or forged title deeds.

• Buyer defaulting on payment.

Legal Solutions

• Buyer can file a suit for specific performance under the Specific Relief Act, 1963.

• Complaint of cheating and forgery under IPC.

• Verify property documents before buying through due diligence and encumbrance certificate.

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5. Disputes Over Title of Property

What It Means

When ownership of property is not clearly established, disputes arise over title and ownership rights.

Common Issues

• Multiple claimants producing conflicting documents.

• Old or missing land records.

• Benami transactions (property held in someone else’s name).

Legal Solutions

• Apply for Title Search at the Sub-Registrar’s office.

• File a declaratory suit under Section 34 of the Specific Relief Act.

• Use Title Insurance to safeguard against future disputes.

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6. Boundary and Partition Disputes

What It Means

Disputes often arise between adjoining property owners regarding exact boundaries or within families when partition of property is required.

Common Issues

• Disagreement on measurement of land.

• Neighbors building beyond their plot limits.

• Siblings disputing share during partition.

Legal Solutions

• Get property surveyed by revenue authorities.

• File a partition suit for division by metes and bounds.

• Use court-appointed commissioners for accurate demarcation.

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7. Disputes Involving Builders and Developers

What It Means

With booming real estate, disputes between buyers and builders have become very frequent.

Common Issues

• Delay in handing over possession of flats.

• Poor construction quality.

• Non-provision of promised amenities.

• Builders selling more than one flat/unit for the same allotment.

Legal Solutions

• File a case under the Real Estate (Regulation and Development) Act, 2016 (RERA).

• Approach the Consumer Commission for deficiency in service.

• File a civil suit for damages and compensation.

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8. Disputes Over Agricultural Land

What It Means

Agricultural land disputes are particularly common in rural India due to complex landholding patterns and inheritance laws.

Common Issues

• Disputes between farmers over land boundaries.

• Tenancy rights claimed by sharecroppers.

• Government acquisition of agricultural land without proper compensation.

Legal Solutions

• Agricultural tenancy laws vary from state to state.

• Record correction applications with revenue authorities.

• File writ petitions in High Court if acquisition is illegal.

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9. Mortgage and Loan-Related Disputes

What It Means

Banks or lenders may face disputes with borrowers over mortgaged property.

Common Issues

• Borrowers defaulting on loans.

• Wrongful auction of mortgaged property.

• Fraudulent mortgages using fake property papers.

Legal Solutions

• Governed by SARFAESI Act, 2002, giving banks power to seize property.

• Borrower can approach Debt Recovery Tribunal (DRT) for relief.

• Criminal complaint if forged documents are used.

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10. NRI Property Disputes

What It Means

Non-Resident Indians (NRIs) often face property disputes because they are away from India, making it easy for relatives or third parties to misuse their property.

Common Issues

• Illegal possession by tenants or relatives.

• Fraudulent sale of NRI property without consent.

• Power of Attorney misused.

Legal Solutions

• NRIs can appoint registered Power of Attorney (POA) to trusted persons.

• File civil suits for possession and injunction.

• Approach the NRI Cell of State Police in fraud cases.

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How to Solve Property Disputes in India Legally

1. Proper Documentation – Always keep sale deeds, tax receipts, and property papers updated.

2. Legal Due Diligence – Verify title, encumbrances, and ownership before buying property.

3. Mediation and Settlement – Courts encourage alternate dispute resolution methods.

4. Registration of Agreements – Register all property-related agreements to avoid fraud.

5. Consult a Property Lawyer – Professional legal advice helps prevent mistakes.

6. File Appropriate Cases – Depending on the dispute, approach Civil Court, RERA, Consumer Commission, or DRT.

7. Police Complaints – In cases of fraud, cheating, or illegal possession, criminal complaints can be filed.

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Conclusion

Property disputes in India are complex but not unsolvable. Most conflicts arise due to poor documentation, unclear ownership, or fraudulent practices. By understanding the common types of disputes and knowing the legal remedies available, individuals can protect their rights effectively. The best approach is to prevent disputes through proper paperwork, registration, and due diligence, and if disputes arise, to use the legal remedies under Indian law for timely resolution.

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Related -

1. How to Legally Verify Property Documents Before Buying in India

2. Step-by-Step Guide to Filing a Partition Suit in India

3. RERA Act in India: Rights of Homebuyers Against Builders

4. How NRIs Can Protect Their Property in India from Fraud

5. Top Legal Tips to Avoid Property Disputes in India