Property Litigation and Arbitration - Real Estate Acquisition and Disputes

Feb. 4, 2011 - PRLog -- Eight out of every ten property litigation charges in court cite anomaly in paperwork as the reason. Is it because Indians are mostly not aware of their rights and implications of not using them or is it just plain lack of apathy? It’s actually a mix of both!
An opaque infrastructure of divulging legal information keeps the vital information away from the reaches of those who need to know them, rendering common people ignorant of laws in particular. This coupled with the general laid back attitude of Indians even when they know about the laws in place lend them in litigation issues.
A thought has also to be spared for the people who know about the rules, their implications and are willing to comply with them but don’t have the expertise to do so.
Any real estate transaction is essentially based on the paperwork involved in it. Starting from title deeds, sale agreement, tenancy agreement, contracts to tax compliance needs to be foolproof and devoid of any loopholes. Drafting and scrutiny of property documents require professional articulation and a keen eye to catch any loose ends to prevent litigation chances in future.  
It is logical that every property transaction involves a buyer and a seller. While a seller is more concerned about the money he is going to pocket (and rightly so), a buyer is the one who needs to be alert and aware of what he is entering into. Tracing the origin of the property, surveying its track record over the years and the current legal status should play on top of his list. Only after satisfying himself, should he enter into a sales agreement, a written one, and get it duly authenticated. But it is not the case many times. This fact is reiterated by the number of property cases stacking up in court.
Not having the law on his side has brought the buyer to court in search of justice.
Moreover misinterpretation, unclear instructions, and non-disclosure of relevant information in documents like deeds (sales, gift, mortgage), will, agreements etc. leaves scope for litigation.
It is evident hence that there is much scope for improvement of scrutiny and proper drafting of various property documents.

Litigation issues
There is hardly any specific area where litigation is sure to arise or areas which are foolproof against it. It may be related to the title, non-conformance with the agreements and its terms, sidelining laws in property transfer, non-execution of Will and a host of other possibilities. Whenever a dispute arises the first attempt should be to settle the matter outside court as the Indian legal system is infamous for dragging cases for years on end. This would not only restrict the use of that subjudice subject matter but also eat up a lot of resources of the litigants.
Prevention
To ensure peace of mind and optimum performance of transaction it goes without saying that an immaculate and impeccable groundwork before pursuing property transactions is needed. And for this, one should always seek the services of the most technically correct segment of the society: lawyers.
Have law by your side and deal confidently: this is the mantra of that perfect real estate transaction!
For more details contact the Expert Real Estate / Property Attorneys & Lawyers at :
Global Lawyers
Call: 0091 9810153965
Visit : http://www.globallawyers.in

# # #

Global Lawyers, a corporate and commercial law firm, offers a full range of legal services including all kinds of arbitration and litigation to Indian and international clients and corporate as well.
Visit us at : http://www.globallawyers.in