Wednesday 31 October 2018

The home fight: Major Causes of disputes in Real Estate


Land and property disputes are a common thing to see in this country. The local courts have a large pile of civil cases regarding property disputes spread across this country. Nobody knows how it’s caused or what the triggers are. But one thing is certain. The property disputes drills a deep hole in everyone’s pockets and time. They are quite complicated in nature and take years to resolve. Sometimes the benefactors of the case are the sons and grandsons. When it comes to mediating the case before it reaches court, the ego comes into play regarding the ownership turning every ounce of solution foul.

The government has come out with e-registration of the property to avoid long term conflicts which will have a temporary relief. Some of the important causes for property disputes are

- Incomplete information: Many of the facts are kept buried by the owner and this is sometimes a major disruptor in the conflicts. Some of the information like dues attached to the property which will be passed on to the buyer, tax payouts that are p0ending etc. will fuel the disputes

- Possession delay: The project being constructed can be delayed due to umpteen numbers of reasons like clearances, availability of raw materials, environmental issues etc… These affect the customers especially those who are staying in rented accommodation. They are forced to pay the EMI as well as their rents. This leads to a tricky situation for these trapped souls.

- Layout changes: Modifications in the original layout is another principle contributor of property disputes. This modification has to be approved by at least two thirds of the home buyers but many developers don’t follow through.

- Fraud: The most important perpetrator in civil cases. Those who cheat and do fraud are the number one reason for property disputes. They do false promises and won’t deliver on them. They might abscond and in extreme cases threaten the buyer. Therefore the buyer must check the developer’s credentials before investing.

- Brokerage issues: This usually happens with outstanding brokerage fee or nonpayment of dues. This is usually the case when proper agreements are not drafted.


A plausible solution to these is in the form of the governments real estate regulatory bill which is set to hold a tight leash on the industry and avoids malpractices.

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