Owner And Developer DISPUTES
Owner and Developer disputes are faced on daily basis in todays era where Real Estate Industry is witnessing immensegrowth and prosperity wherein there is a flow of heavy monetary transactions.
Property Owner mostly devoid of financial stability enters in the development agreement with the developer or the construction company engaged in the development and construction of apartments or high rise buildings.Development Agreement is the document that is executed between both the parties wherein all the terms and conditions are elaborated along with the profitability share of Land Owner and Developer.
The aforesaid projects generate enormous monetary transactions resulting in disputes between the landowner and developer. In maximum cases, Property Owners face hard time and unfairness due to the malafide and ill-intention of the developer.
There are several things to be focused upon while executing the Development Agreement and few are below-mentioned : -
1. To make sure whether the Property Owner is the absolute and exclusive Owner of the said premises and there are no other persons having any matter of rights, title, share, claim or interest in the said premises.
2. To make sure that there are no subsisting agreements, court orders, attachments, or any tax, revenue attachments, or other acquisitions from the Government.
3. To make sure that profit ratio has been fairly and rationally described as per the terms mutually decided.
4. To make sure what is the time deadlines in which project has to be completed and what what be the grace period.
5. On what terms and conditions both the parties can sell their shares while the construction is in progress.
6. In case of the any stay or injunction, court litigation by any of the third parties or government or local authorities resulting in the construction of the building being stopped or suspended, what shall be the remedy.
At Juris Legal Services, our team hasReal Estate Litigation experts holding expertise in property and restate matters and vast experience in solving all legal issues pertaining to the owner and developer disputes. We are proud to say that we are one of the most respected Real Estate Lawyers in Hyderabad and have witnessed several disputes and have been successful in resolving the aforesaid disputes amicably keeping in view the interest of both the parties.
Property Partition Disputes and Property Inheritance Litigation
We are one of the respected and leading Property Partition Lawyers In Hyderabad with team of 8 lawyers who had witnessed several cases pertaining to the family property partition.
Partition of the property among the family members is the subject of discussion and dispute since decades. Ancestral Property Partition mostly leads to disputes and differences among the family members leading to the initiation of Partition Suit in respect of ancestral property.
Ancestral Property Partition Disputes are inevitable in almost every family possessing ancestral and joint-properties. Religious dictums and traditions govern the law the Property Partition among the family members according to the religion of the parties in dispute. For example, Property partition in Hindu religion is governed by The Hindu Succession Act, Property partition in Muslims is governed by The Muslim Personal Law which is the extract of Islamic Shaiyat Laws and the same as in other religions.Property partition in Christians are governed by the Indian Succession Act, 1925.
There are plenty of issues to be focused while Family Property partition in every religion. Few are below-mentioned : -
• Procedure for partition of Ancestral Property
• Partition of Property between brothers and sisters.
• Issues relating to Minors if they are share holders in minors property.
• Suit for the Partition for Ancestral Property.
• Transfer of the share of the ancestral property from one co-owner to another co-owner
• Oral partition in respect of the partition of property among the family members
• Transfer of the share by illegal meansby any family member having the custody of the documents of the ancestral property.
At Juris Legal Services, our team of experts possess perfect knowledge about the procedure for property partition give matchless service in drafting Partition Deeds and partitioning of family property as per the law.
Also, we property partition lawyers holds expertise in Family Property Partition among the family membersand we are proud to reveal that we have skillfully and successfully resolved the Ancestral Property Partition amicably keeping in view the interest of all the family members whoseshares are eligible in Ancestral Property.
Sale Of Property by Fraud, Cheating and Illegal registration of property.
We are proud to state to be one of the respected and renowned Property Criminal Lawyers. Sale of the property by fraud and cheating by Illegal registration of property is the most prevalent offence in practice. At Juris Legal Services, we have encountered numerous such similar cases and we proudly state that our efforts have met success in cancellation of the fake and forged registry.We, Property Criminal Lawyers have encountered and solved several property criminal cases in more than decade.
Few of the cases regarding illegal registration of property are below-mentioned : -
A) Creating the fabricated and fake documents by amending and changing the particulars of the property like House Number , Survey Numbers etc.
Creating the fabricated and fake documents is the easiest way to replicate the original and actual property with the new fake property and resale it by illegal registration. Wrong doers create the same forged property documents of pre-owned properties without the knowledge of the real owner as the registered property document is a public document having access to general public. By creating such second documents of the property they undergo the process of illegal registration.
It is very important to have a property title check or have property verification thoroughly before purchasing any property and identity the fake property documents. We at Juris Legal Services are team of 8 Property Lawyers dealing in criminal cases pertaining to the property and are expert and highly experienced property verification lawyers who are determined to provide property title check or property verification services to our clients. We can be contacted here.
B) Impersonation pretending as the Real Owner of the property by misrepresentation of facts.
In light of the Section 43 of the Transfer of Property Act 1882, if a person pretends to the owner of the property of which he is not holding ownership and if he transfers the property to any person then he has impersonated the owner. This in such case the transfer of the property is void.
The Person who has done such act is said to “cheat by personation” and if he cheats by pretending to be the owner of the property then he is liable to be punished in Indian Penal Law under section 416.
We have been extremely successful in handling cases, petitions and appeals pertaining to the property and real estate matters before all the Courts. Our Real Estate Lawyers who are determined in providing property litigation services in Hyderabad and have appeared for oral arguments on occasion.
We, At, Juris Legal Services, team of highly experienced and qualified Property and Real Estate Lawyers holding vast and perfect knowledge pertaining to the cancellation for the illegal registry in case of Sale of the property by fraud and cheating by Illegal registration of property. We are committed to give best and matchless legal remedy to our clients safeguarding their properties from illegal registration and illegal sales.
For seeking the assistance for the cancellation of illegal and fake registry our team is available any time and hence can be contacted here.
C) Property Litigation by Land Grabbing/ Land Encroachment/ PropertyTrespass
Land Grabbing or Land Encroachment or Property Trespass is a prime issue that covers news paper headlines once in a week. Land Encroachments in Telangana are have been constantly soaring high due to the prices of properties and lands shoot up.
Land grabbers or property encroachers take the best advantage of weakness and corruption in government administration and complexities of property laws,encroach the precious lands of innocent people throughtrespassing in their properties by altering the land records, creating the fake and fabricated documents andimpersonating the real property owner by misrepresenting the facts.
We, At Juris Legal Services, are determined in providing Real Estate Services in Hyderabad with a team of well experienced Property Lawyers who are well-cognizant in area of Real Estate and Property Law in the area of Land Grabbing and Land Encroachment which involves different skills and strategies pertaining to providing relief to our clients from obtaining their properties back which were trespassed by the wrong doers by the operation of the law.
Land grabbers form bogus co-operative housing societies or fake real estate companies with an intention to indulge in fraudulent sales of land and properties. Subsequently, such property trespassersgenerate huge sales of encroached and grabbed lands and sell the same to the poor and innocent people. Hence it is highly advisable to get property verified by having property title check with an experienced and expert lawyer holding expertise in Property Laws.
In order to prohibit the activity of land grabbing and land encroachments in Telangana, Telangana Government had enacted AP Land Grabbing (Prohibition) Act whose purpose is to identify the cases involving allegations of Land grabbing, Land Encroachments and Property Trespass. The aforesaid act extends to the whole of Telangana.
At Juris Legal Services, we proudly state that we have been immensely successful in giving relief to our clients and solving their most complicated matters pertaining to the Land grabbing, Land Encroachments. As a matter of fact or expertise lies in legal matters pertaining to the Property Trespass.
D) Eviction and recovery of possession
Recovery of possession and eviction of illegal occupants are of different nature like Land Grabbers, Permissible Possessors, Illegal Tenants, Protected Tenants, Ordinary Tenants etc.
Illegal occupancy in possession involves immense complications and requires tremendous efforts to retain possession back by seeking the remedies defined byand envisaged inSection 5 and 6 of the Specific Relief Act, 1963.
It is a well-settled law in India that where a person is in settled possession of property, he cannot be dispossessed by the owner of the property except by the order of the court.
There are many decisions of Supreme Court wherein any person if even is in the unlawful possession, he cannot be thrown out forcibly from his possession even if that he is in unlawful possession of property. The only remedy for the same is to dispossess the unlawful occupant through a court of law by initiating legal proceedings i.e suit for the declaration of title and recovery of possession.
We at Juris Legal Services, are team of dedicated lawyers who holds proficiency and indepth knowledge in handling matters representing our clients by filing suit for the declaration of title and recovery of possession.
Retrieval of Lost Property Documents/Records
Lost of the Property Documents may end up in causing heavy loss at times causing mental agony if documents are being misused by wrong doers. Hence it is highly advisable to take the matter on utmost priority and follow the below-mentioned steps and procedures for obtaining the Duplicate Sale Deed of the lost property document.
At Juris Legal Services, grievance of lost of property documents and records is the most common problem faced by the clients vast in number. Hence we hold expertise in providing services for lost of property documents.
If original property documents are lost, following steps need to be executed : -
Firstly, You can execute an affidavit for the Lost documents and get it Notarized from the local lawyer.
Secondly, taking the aforesaid affidavit, You also have to register FIR in the concerned Police Station about the lost property documents by giving complaint in written.
Thirdly, you have to issue a Public Notice in the 2 local newspapers about the lost or misplace of original documents wherein you need to inform the general public to refrain and not to enter in any transaction pertaining the lost property documents.
Furthermore , you have to visit the concerned Sub Registrar Office i.e SRO in which jurisdiction your property falls according to the House Number or Door Number.
Also you need to submit the application along with FIR Copy, News Paper in which lost advertisement has been placed for issuing the copies of your lost documents known as certified copies. You can take the certified copies by remitting the prescribed fee for the certified copies. Procedure is explained here……Finally, Obtain a Duplicate Sale Deed from the SRO i.e Sub Registrar Officer.
Procedure to issue the Public Notice in the news paper here…….
Property Search for Lost Lands / Lost Properties
Mostly NRI’s and many people are away from their homes in pursuance of their Job in foreign countries and could not pay any attention to their properties, as a consequence taking the undue advantage of their absence occupy the property by forging the property documents.
In such situation the real owner suffers mental agony as he is not able to trace the whereabouts of his property resulting a huge investment on stake.
We at Juris Legal Servicesare familiar with such cases dealing with all kinds of issues pertaining to the tracing of lost properties. We are committed to assist our clients in locating out their properties by all best possible means and effortswith an intention to provide relief to our esteemed clients and receiving high appreciation from our clients.
Furthermore, we are glad to state that more than a decade we have been providing devoted and dedicated services and are successful in performing a rigorous and indepth search for the lost lands and properties by communicating and delving in records of various government departments for search of the lost property.