LAND MATTER
Land Matter means any dispute on any land between two or more persons. Land dispute arises due to scarcity/land value price, boundary dispute, land use change, urbanization, violent demolition enforcement, compensation challenges, sharing of deceased property etc.
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WHAT IS LAND DISPUTE?
Land dispute means any dispute on any land between two or more persons. Land dispute arises due to scarcity/land value price, boundary dispute, land use change, urbanization, violent demolition enforcement, compensation challenges, sharing of deceased property etc.
WHY LAND LAW REQUIRED?
Land dispute happens every day, but most of the dispute are not resolved peacefully. So to solve the unsettled dispute the Government of India and respective State Government has enacted statutory Land Law, the enforcement of which is done by the Civil Courts. In Courts both sides plead their case regarding the land dispute and eventually a verdict will be given. The party having right, title and interest in the property will be the winner. In most cases the owner of a property dies intestate, in such cases the legal heirs of the deceased fight for their share. The parties will approach Court which will partition the property in equal share. So it is a beneficial legislation for the benefit of the common people.
PROPERTY CLASSIFICATION
- Corporeal Property
Moveable
- Immoveable
- Personal
- Real
2. Incorporeal Property
a. Jura in re aliena
- Leases
- Mortgages
- Servitudes
b. Jura in re propria
TYPES OF LAND DISPUTE
- Type of land involved- private, public, common or natural resources.
- The parties involved and their interest- individuals, families, communities, private and official sector.
- The scale of the dispute- small scale, large scale, localized.
- The nature of the dispute- boundary dispute, land and property dispute, access and use dispute, inheritance dispute.
PROPERTY DISPUTE FILING COURT FEE
Court Fees are calculated in India as per the court fees statute of the State where the matter is instituted. In most of the property dispute which are of civil nature, the court fee is determined by the market value of the moveable/immoveable property involved in the subject matter of the suit. In partition suit the market value of the share of which the suit has been instituted will be used to determine the court fee. So in all property dispute, court fees will be applicable and every State has fixed court fees.
PROPERTY DISPUTE PROCESS
In most cases of property dispute, the process followed is same except slight variation in case of contested and uncontested case. The procedure followed is:
- Filing of petition supported by verification and Affidavit.
- Service of summons to other party.
- Filing of written statement by the other party.
- List of documents and witnesses
- Issue Frame
- Trial- evidence of both parties and their cross examination.
- Argument of both parties.
- Final Order/Judgement.
Jurisdiction to file property dispute is as follows:
In case of suits relating to immoveable property shall be filed in the Court within the local limits of whose territorial jurisdiction the property is situated.
Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Court, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate :
Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such Court.
As per Section 15 of the Civil Procedure Code one cannot file a case under any court it is always advisable to file a case under the lowest grade competent Court, the initiation of a suit is limited by the territorial and pecuniary jurisdictions of the court.
According to Section 16 of the Civil Procedure Court, various suits can be filed which is subjected to the pecuniary and other limitations as prescribed by the law, suits:
- For the recovery of immovable property with or without rent or profits.
- For the partition of immovable property.
- For the foreclosure, sale or redemption in the case of a mortgage or any charge on immovable property.
- For the determination of any other right to, interest in immovable property.
- For compensation to the damage done to immovable property.
- For the recovery of immovable property under distrait or attachment.
If the suit is maintainable for the relief obtaining any damage done to the immovable property by the defendant, the suit can be instituted in the court either where the defendant voluntarily resides and carries on business, or personally works for gains or in the local limits of where the property is situated within the jurisdiction of the court. Along with the above mentioned suits one can also file various other suits:
Suits for immovable property situated within the jurisdiction of the other courts: When the suit is maintainable for the relief obtaining for the compensation for wrong to immovable property within the jurisdiction of different courts then the suit can be instituted local limits of whose any portion of the property is situated provided that the subject matter of the suit and the entire claim is cognizable.
Suits for compensation any wrong to movables or persons: When the suit is maintainable for the compensation to any movable property or person, if the wrong was done within the jurisdiction of any one of the court and the defendant resides and carries on with his business in other jurisdiction of the court than on the will of the plaintiff the suit can be instituted in any one of the jurisdictions.
Suits to be instituted when there is more than the defendant: When there is more than one defendant or 10 defendants in a given case and all the defendants reside in all 10 different places but the plaintiff resides in proximity to one of the defendants. Where can the plaintiff file the suit? Section 20(b) of Civil Procedure Court explains that the plaintiff can initiate a suit where the cause of action arises within a jurisdiction, a plaintiff in this situation cannot file a suit at all 10 different places so where the cause arises a suit can be initiated in that particular jurisdiction.
FAQ
Yes, disputed property can be sold if it is not prohibited by any order of the Court.
claims from legal heirs, co-owners, disputes of easement rights, wrong representation by seller etc.
while purchasing any property, thorough verification and perusal of title documents of the seller required.
it is the entry of the name of the land owner in the record of rights.
all documents to be executed should be stamped as per the stamp duty fixed by the respective State Government.
Judicial and Non Judicial Stamp paper.
No, there is no time limit. They may be used anytime.
