Can I sell property which is in dispute

If the seller in a real estate deal gives estimates to additional purchasers after obtaining earnest money or a deposit, a property dispute may also result. The prior purchaser may file a lawsuit in this situation challenging the property’s title. In other disagreements, purchasers could object to a developer’s delay in delivering projects.

There can also be disagreements if a buyer decides to acquire a property that has been inherited by another individual, either through a gift deed or a will. Inheritances may be subject to the terms of the will, probate, letters of administration, or succession certificate.

Legal Provisions

No, you are not allowed to sell the property while the Hon’ble High Court is still considering the case. The “lis pendens” doctrine is established under Section 52 of the Transfer of Property Act. In other words, any claim to immovable property that is the subject of a legal procedure cannot be transferred or otherwise dealt with in a way that would violate the rights of any party to the suit, unless specifically authorized by the court that is hearing the case. This is important because, absent it, the defendant’s transfer before the judgment or decree would invalidate the plaintiff’s right in every such lawsuit.

Types of real estate conflicts

Disputed properties can result from a variety of problems and might involve neighbors, landlords or tenants, trespassers, property owner associations, and even relatives. A significant majority of legal claims filed involve property disputes because of the wide range of parties involved in these conflicts. The plaintiff is seeking a variety of legal remedies, including money damages to make up for his losses, an order for one party to pay for repairs, and a prohibition on parties altering the property, such as erecting a “spite fence.”

• Conflicting titles: The title of a piece of property or a house serves as a representation of your ownership rights in such items. Genuine documentation must always be used to provide a strong demonstration of ownership, protecting your property against unauthorized third-party appropriation. You have the right to use the property as you like and to get rental revenue thanks to the property’s title. You must properly look into every area of ownership and check all relevant paperwork.
• Conflicts involving purchasers and builders: Any real estate transaction should be seen as a legally binding contract that all parties must uphold. However, builders frequently fail to uphold their half of the bargain, leaving the buyer scrambling. The main reason for disagreements between purchasers and builders is indefinite possession delays. Untrustworthy builders frequently try to extort money from customers, shift projects to different developers without the required approval of the community, and ignore applicable regulatory compliances.
• The builder has delayed paying the housing society: If a builder is renovating a housing society, they are required to pay the rent to the residents of the society. The residents of the housing society must be provided with temporary accommodations while the building is being renovated. Serious disagreements between the buyer and the builder may result if these requirements are not met. When there is a financial issue, the builder may declare bankruptcy, which causes the project to be delayed.
• Conflicts involving inherited property: When purchasing real estate that the seller obtained through a bequest, as an heir, or in any other way, one must be extremely cautious and accurate in the transaction. Fraud is always a possibility in situations like these. Regardless of whether the property is governed by the terms of a will, probate, letters of administration, or a succession certificate, a disagreement may arise if the buyer is not completely aware of how the current seller came into possession of the property.

Property disputes can occasionally occur when a property owner passes away. Real estate attorney that specializes in estate planning can offer advice on inheritance laws, wills, trusts, and other issues, as well as assist clients in creating an estate plan that will reduce the possibility of legal issues. The real estate lawyer can also assist in resolving disagreements over inheritance or property distribution following a property owner’s passing.

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