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Land/property law dedicates itself to tell us about how it can be used by common persons. It is the relationships developed in the interest of land property by the person. It deters the difference between property and land. Who owns the land and who may have access to this property? The heirs of the inherited property are entitled with the right to get an equal share in the property. The prevalence of property disputes is way too high and is quite quotidian. But the team of best property lawyers in Faridabad at B&B Associates LLP has years of experience in handling these property matters with ease.
And this vast experience has made our lawyers completely cognizant with the land/property laws and every possible remedy in case of serious disputes. The land is a type of property which is immovable and remains in possession of single or a group of persons. Whether you are about to buy a property, get your possession in the inherited property, or any contention running between family members or third person, the help of a diligent and seasoned property lawyer in Faridabad will be exigent.
Legal Assistance of an Expert Property Lawyer in Faridabad for a Right Resort is Must
Property can be either inherited or can be obtained with hard work. Over time, the hike in land/ property prices is not hidden from anyone. The issues related to succession, tenancy, making of a will, all are handled prudently by our top property advocates in Faridabad. Our team is assiduous and is having prowess over completing these land/property possessions and reconciling the disputes related to it. The form given below can directly drop your query to the doyen property legal advisors in Faridabad.
What is a property?
Property is a piece of land or some other possession which holds a monetary value and is transferable in nature. In India, properties are registered under the Indian registration act. A full-fledged record of property is kept in registrar office of districts, containing the name of current and previous owners. Properties most commonly have a single owner, sometimes it may have joint possession. Property is transferred by one person to others by reason of inheritance, sale, gift or will.
Registration of property or land
The registration of land is done according to the Indian registrations act. Registration of land means to legally obtain the ownership of the land. Registration of land is done according to certain set of rules in India by registering and receiving the title from the local registrar’s office in India.
Land acquisition
The government can acquire land belonging to other individuals for public or private purpose. Now if the land is acquired by the government then an act is created in 2013 named Fair Compensation act. It ensures to provide proper compensation to the owners whose lands have been acquired. Land acquisition, if is done for farmland then the government has to create wasteland into farmland equal to which was acquired.
What is a trust?
A trust is an arrangement in which one party holds the property of the other party in interest of other parties benefit. The owner of the property does not losses its rights as the owner of the property but the trustee (in whose name the trust is made) becomes the owner of the legal purposes of the property.
Co-ownership in the property
Co-ownership of land means the ownership of the land by two or more persons. This means the entitlement of interest or interests in the same property by two or more persons. Co-ownership is just like normal ownership. In this, the ownership is acquired by two or more persons.
Easement and profit
Easements are the documents made between the owner of the land and some other person for use of land for a specific purpose. The easement is a document made for a specific purpose of land. Such purpose can be any including a collection of rent. While in profit an agreement is made between the owner of the land and the other party for entry in land and to remove something from the land to gain profit.
Lease
A lease is a contract made between the parties for conveying of the land for a specific time interval. Lease is a contractual document by which a property is passed by the owner to the lessee for a fixed time interval which can be as long as 99 years by taking consideration. And after the time of lease has been expired the property is then claimed back by the actual owner or heirs of the actual owner of the property.
Mortgage
A mortgage is the legal right of the owner in the land by which the owner can give the land which is in possession of the mortgager in lieu of some money or thing which holds some value. The mortgaged land is then acclaimed back after the said favour, money or thing is returned with or without the interest as it was prescribed while mortgaging. A mortgage is also known as a loan of the property.
What is Power of Attorney?
Power of attorney is a piece of document used to delegate ownership rights of property to some other person, to manage and handle the affairs of properties, they need someone other than themselves to look upon their property matters. Thus a remedy available to them is the power of attorney, by using the power of attorney they can give financial and legal powers of the property to some person.
General Power of Attorney
The general power of attorney is a document that gives a broad set of powers to the person in whose name Power of Attorney is made. A general power of attorney gives financial powers, Business powers, buying insurance, the power to set claims, legal powers and many more. A general power of attorney is most common. People most commonly use general power of attorney when delegating their powers to other people. While making a power of attorney a valid reason is to be given by the person delegating powers through the power of attorney.
Special Power of Attorney
A special power of Attorney is also a document like a general power of Attorney. Just like general power of attorney, a special power of attorney is used to delegate powers to other people. In a special power of attorney, a particular power is delegated to other people. It can be made for one cause or it can be made for more than one cause. A special power of Attorney might be made to pass power to sell property, to manage real estate, for collection of debts, to handle business transactions, to delegate power to handle legal matters, etc.
Problems which may arise in land possession.
Legal property litigations are one of the most common civil matters which is running in the courts. Piles of files for various property disputes, succession, tenancy, buying and selling, all are there lying in the shelves of law offices. There can be various issues related to these civil lawsuits.
Misuse of Power of attorney (POA)
Power of attorney is a document given by the actual owner of the property to some other person passing all the rights of the property. By getting power of attorney a person can contract in place of the actual person. But many times these power of attorney have been used wrongly against the actual owner. It is very common nowadays that NRI’s move to other nations and to look upon the property matters and to take care of their property, they give power of attorney to a friend or relative showing a gesture of trust.
People vested with property rights with power of attorney stricken by greed transfers the property in name of them. If a property is illegally transferred by improper use of powers of attorney, then it is hard to challenge that POA in the court premises. Although a property transferred where more than the rights mentioned in the Power Of Attorney is used than that transfer can be challenged in the court.
Forging of Documents:-
Forging of documents is another common method used for illegal transfer of property. People forge facts on property documents like making fake wills. Fake wills are used to transfer property in name of persons to whom that property does not even belong. Forging in documents can be done by the shareholders to remove the right of other shareholders or to gain extra personal benefit.
As some people are living abroad and are not visiting their rightful land frequently. People use fake wills to remove their right from the property. However a remedy is still available for the NRI’s and they can be retrieved with their rights, people can challenge the will in the civil court by consulting the best civil and property lawyers. Fake Will after challenged in court is stayed until the decision by the court is made and property will return to its initial state.
Impersonation:-
Impersonating means that a person fakes its own identity and represents as one of the holders in right of the property and appears in the court. They sometimes claim some other person’s right. Very commonly people are deprived of their property rights by impersonation. People forge their identities and show up at the court premises to claim the right of other persons. However it is hard to claim a share in a property which belongs to some other person, but still, sometimes people impersonating fake identity gains benefits.
Impersonators sometimes use corrupt means and make every condition fall in their own favour. People can claim their right back through civil litigation with the help of best property lawyers in Faridabad, Haryana. The transfer which was illegal and was done by a person who doesn’t even have right in the property can be challenged in the court and both civil and criminal litigation can be started against that person.
Ways to reclaim a registered land lost from the possession
Police complaint: – A person victim of the illegal dispossession from property or victim of trespass can file police complaint to the local S.P in whose jurisdiction that property is situated.
Legal Action: – If there is no remedy taken out of the police complaint procedure then the remedy can be taken out of the court application. The victim can file a complaint and claim remedy from the courts. A special power of attorney can be used by the advocate for when the person cannot appear in court in India.
Specific relief act: – People can take remedy from the specific relief act. Under section 5 of the specific relief act, a person can get back possession by stating title. Also, under section 6 possession can be reinstated by proving previous possession.
Get Your Property Matters Solved with the Help of Best Property Lawyers in Faridabad
Our team of experienced lawyers can be contacted to form registration documents, easement documents, mortgages, etc. Our top civil and property lawyers in Faridabad can be called for sorting out the legal matters arising out of the property.
Guidance to the national and international clientele regarding their property rights and matters is what our attorneys do. A huge Indian population overseas is finding our NRI legal services in Faridabad suitable as per their requirement where they don’t have to disturb their work schedules to appear in the court repeatedly. Our team of distinguished property advocates can be consulted to solve any issue arising out of land or property.
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Vineeta Sharma Vs. Rakesh Sharma & Ors.
Supreme Court of India Year : 2020
Karnataka Board Of Wakf vs Government Of India & Ors
Supreme Court of India Year : 2004
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Just to know the cost & processing time to get the power of attorney registered in Faridabad. My property is situated at Faridabad and my home address is in Delhi and I am NRI. POA is already attested by Notary Public, Apostilles and stamped
by Indian High Commission. Can I register POA in Faridabad ?