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Dec 64 min read

How Can You Legally Handle Disputes Over Joint Property Ownership

Joint Family Property, Therefore, Refers To Property Belonging To A Hindu Undivided Family (Huf) Member. Family Members Acquire This Property, And Generally, The Eldest Male In The Family Manages It. Mainly Hindu Law Regarding Specific Ownership, Management, And Distribution Of Joint Family Property Will Govern Any Dispute Regarding Joint Family Property In India.

In Indian Tradition, Joint Families Can Not Only Live Together But Also Own Assets Together. This Arrangement Was Ideal For The Elderly, But Due To The Loss Of The Family's Eldest Male Member, Property Division Difficulties Must Be Addressed.


Ancestors' Property Or Coparcenary Properties Were Acquired A Generation Ago By The Family And It Becomes A Part Of The Inheritance For All Members Of A Property. Where A Family Doesn't Own Property, All Subsequent Acquisitions Are Presumed To Be Joint Family Property Irrespective Of The Fact Whether They Stand In The Name Of The Karta Or Not Once The Ancestral Nucleus Is Proved.


Legal Provisions


Under The Hindu Succession Act, Of 1956, Succession To Property Among Hindus, Buddhists, Jains, And Sikhs Comes Under Its Purview, Irrespective Of The Nature Of The Property - Self-Acquired Or Ancestral.

It Deals With The Conditions Under Which The Real Estate Falls To Specific Heirs In General When There Is No Will And How Shares Should Be Assessed For Such Heirs.


It Also States That Any Person Having A Common Interest Can File A Partition Suit And Seek Division Of The Property Into Distinct Shares. Partition May Also Be Ordered By The Court By Way Of Sale And Division Of Proceeds If The Same Cannot Be Performed Physically.


How To Legally Handle Joint Property Ownership Disputes


  • If The Members Of The Family Are Involved In The Matter Of Property, Then One May Choose To Solve This Through Settlement. Within A Settlement, Both Parties Are Compelled To Sit Face-To-Face And Decide On A Splitting Of The Assets And Estate Property. This Involves A Sharing Of Both Movable Things, Such As Jewelry, And Immovable Things, Like Properties. Families Sometimes Appoint An Independent Third Party To Enforce Discipline In The Process. Such An Independent Third Party Can Help The Parties Arrive At A Win-Win Decision. You Should Prepare A Settlement Agreement Once The Family Members Have Agreed To A Distribution Among Themselves. All The Family Members Should Sign The Settlement Agreement.


  • Litigation Is Nothing More Than Bringing Cases Before The Courts For The Resolution Of Property Conflicts. This Means Attorneys, Court Fees, And At Times A Significant Length Of Delay. Litigation Is Long-Term Conflict Resolution, Which Assimilates Judicial Procedures And Processes. Only File A Lawsuit When You Have All The Necessary Documents, Including The Title Deed, And Your Lawyer Believes That You Have A Real Chance Of Winning. It Is Reported That Courts Will Sometimes Require Parties To Settle Out Of Court. Such A Settlement Is Supervised By The Court.


  • Mediation Can Be Another Resolution To Joint Property Disputes. In Mediation, Two Parties Agree To Sit Together With A Third Party Called The Mediator, Who May Help The Two Parties Reach A Common Solution. The Third-Party Has No Power Of Compulsion, But Their Role Will Make The Parties Talk Their Issues Out Until They Can Settle For A Possible Solution Both Can Live With.


  • It Is Possible To Sell The Property And Get A Share Of The Proceeds. A Court Will Often Order The Sale Of An Abandoned Property.


  • One May Buy The Other. Consequently, One Is Left With The Property, And Everyone Gets His Or Her Fair Share Of The Value.


Reasons For Joint Property Ownership Disputes


  • The Owners Of The Property Cannot Agree On How To Run It In The Future. For Example, Co-Owners May Disagree About Whether To Keep The Property As An Investment, Sell It, Or Develop It.


  • One Of The Property Owners Will Not Contribute To The Costs That Are Incurred In Maintaining The Property, Such As Upkeep And Other Maintenance Fees.


  • On The Issue Of Property Management-Related Concerns, The Owners Cannot Come To An Agreement.


  • Conflicts Arise Here, Such As Those Between Cohabiting Parties, Who Make A Major Contribution To The Property And May Be Entitled To A Portion Of The Equity.


  • The Owners Have Disputes Over The Intensity Of The Stake They Own In The Property.


  • This Would Make The Relationship Between Joint Owners Break Down, Particularly When Cohabiting Couples Are Not Married Or In A Civil Partnership. The People Could Be Fighting Over The Rights To Live On That Land Or Even Over Shares.


A Written Agreement Or Contract Includes All Parties Involved, Limiting As Much As Possible The Chances Of Disputes On The Matter. It Becomes Easier To See Whose Rights And Responsibilities Are, As Well As To Manage Expectations And Good Chances To Jointly Own The Property. The Best Action Is That, From The Beginning, You Are Being Advised By An Expert Real Estate Lawyer Who Will Draft An Agreement Or Contract With Clauses Addressing All The Situations That Could Come Up In The Future.


For Any Kind Of Legal Issues, Please Contact Lead India. It Offers Free Legal Consultations With Many Other Services. Professional Lawyers Can Be Consulted There. Ask Any Legal Questions Freely. We Offer Free Legal Consultations With Others In Legal Services. Lead India Assures You That All Types Of Personal Information And All Kinds Of Documents Will Be Confidential. We Provide You With The Ability To View Your Cases Online Through The Web Dashboard. You Can Easily Track Case Status, Payment Status, Etc.


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