Gurmail Thind

NRI Legal Services Testimonial

To Whom It may concern

I am glad to have found NRI Legal Services in England so we could meet them and discuss our issues in India. We were battling with our land dispute in India and were in the midst of chaos. NRI Legal Services came as a much-needed help, an organisation who guided us in the most appropriate manner and strategized for us. We have finally resolved our dispute with all the right guidance by this organisation.

As a client, I am very satisfied with their work, service, communication and professionalism. We are happy with the services provided and highly recommend their services to any person looking at resolving their property issues in India.

Gurmail Thind, UK

BOUNDARY LINE DISPUTE

BOUNDARY LINE DISPUTE

The geographies, measurements and dimensions of the property, are one of the leading causes of disputes. Robert Frost rightly wrote good fences make good neighbours. The land is one of the most revered assets in man’s life, therefore, its length and breadth should not be ignored by the landowner.

As per Survey Act, 1865 ‘boundary dispute’ means contentions between two neighbouring land-proprietors as to where a boundary line or boundary marks has or have been fixed by the Survey officers. The dispute becomes graver when the said part of the property in dispute is mortgaged by one of the parties.

Boundary line disputes are most often in residential areas and therefore affect the privacy and also the cordial relation of the neighbours. It could result in serious consequences including the punishment for trespass or unrestricted right to cut off the branches of tree extending to the property of another without the first person’s permission and extension of it for continuously long period cannot be taken as a defence then (Smt. Manikkam v. Smt. Kamala, AIR 1987 Ker 72). Such disputes are found more in case of single-family residential, sub-urban or rural areas where the property is not properly demarcated. Changes in natural settings, development of easementary right, getting hold of property by adverse possession or ignorance of wrong particulars in property papers for a long time; are all root causes of such dispute.

Both the parties usually are under some impression as to their boundary, but the dispute crops up when there is illegal encroachment or some construction is done beyond the ‘presumed’ boundary line. The true property owner has the right to get rid of it, for which either the other party is expected to remove the encroachment or the owner would be free to do it himself so far it crosses his boundary.

Updated Land records can be of use to resolve such dispute, however, in its absence, a fresh survey could be asked to be conducted by an independent contractor.

Negotiation and mediation should be preferred over filing a declaratory suit or suit of trespass. However, in case of failure to achieve any positive results, suit is the end option. Where the suit of continuing trespass or ejectment could provide with damages along with the relief claimed, on the other hand, a court by making a declaration can clear all doubts with respect to the dimensions and title of the property.

Not everything is shared so easily – Especially not property!

shared ownership of property in India

The need for legally entering into a Partition suite arises when there has to be a distribution of shared ownership of property among the potential shareholders, whether they are family members and relatives.

A partition, by simple definition, is a division of assets owned collectively by either family members or relatives so that each person gets a share and becomes the owner of the share. The division is done as per the shares to which each of the members is authorized according to law. While undergoing the same, keep in mind the following aspects:

When shared ownership of property is in family members/relatives 

The partition can be performed by mutual consent or via court:

Property Dispute and Family Settlement

  • If division is opted by mutual consent, it is executed by the family/relatives themselves. It is to be noted that the act of division should be registered at the office of the sub-registrar of the place where the estate is located. More than one person may jointly own the assets.
  • The mode of partition is different when the division of shared ownership of property is not desired by all and only one or more of the members want the estate to be distributed. In such a scenario the suit is filed in the appropriate court of law. The deed must be executed on a stamp paper and drafted clearly and explicitly. The share of each person should also be mentioned specifically.

Explicit Partition Deed:

  • A partition deed makes new owners of the assets, and it should be listed at the sub registrar’s office to make it legal and obligatory.
  • The deed must mention the date from which the distribution is potent.
  • The names of the people of the family and relatives with their respective shares should be explicitly declared.

Distributed assets get a new ownership:

  • The shared ownership of property is distributed as decided and each share is subject to a new ownership.
  • Each shareholder gives up his/her interest in the property in favor of other shareholders.
  • Therefore, a division is an aggregate of surrender and transfer of individual rights in the estate.
  • The transferee can deal with the assets in any way he/she shall desire. It can be sold, transferred, exchanged, gifted, etc. by the individual just as an absolute owner would.

Inheritance law plays a significant role in the Partition of Asset:

  • Different rules can be applied for separation of belongings.
  • However, distribution of shared ownership of property is also subject to the laws of inheritance applicable to a particular person.

In this competitive world, everyone wants individual ownership of everything one owns. With increasing nuclear families, the trend of shared ownership is gradually disappearing. The distribution of any property, whether among co-owners or family members, can be done either by gaining mutual consent or by filing a case in an appropriate court. It is, however, preferred to solve such matters mutually without dragging the case to the court of law.