Property Disputes, Title Verification, Succession & Registration
At Arvind Law Associates, we advise and represent clients in a wide range of matters relating to immovable properties, including title disputes, declaration and partition suits, wills and probate, property transactions, due diligence and registration.
Our approach focuses on examining the title, identifying legal and documentary issues, protecting the client's interests and providing practical solutions for the transaction or dispute.
Title Disputes & Declaration Suits
Background
Property disputes frequently arise from competing claims of ownership, defective or disputed title documents, inheritance claims, family arrangements, adverse claims or disputes concerning the identity and extent of the property.
Legal Assistance
We assist clients in examining the complete chain of title and determining the appropriate legal remedies. Depending upon the facts of the matter, this may include proceedings seeking declaration of title, cancellation of documents, injunction and other consequential reliefs.
We examine documents such as previous title deeds, revenue records, municipal records, encumbrance records, family and succession documents and other evidence relevant to establishing ownership.
Our Approach
The legal strategy is developed after examining the source of title, competing claims, limitation issues, possession, documentary evidence and the reliefs legally available to the client.
Partition Suits & Family Property Disputes
Background
Disputes relating to ancestral, joint family and inherited properties often arise when family members claim different shares in the property or when properties have been transferred without resolving the respective rights of all interested parties.
Legal Assistance
We advise and represent clients in partition and separate possession proceedings, including determination of the respective shares of co-owners and family members.
The legal examination may involve:
Genealogy and family relationships;
Nature and character of the property;
Previous partition or family settlement;
Sale, gift, release and other transfer documents;
Wills and succession documents;
Revenue and municipal records;
Possession and enjoyment of the property; and
The respective legal shares of the parties.
Our Approach
We assist clients from the initial examination of the family tree and property documents through drafting of pleadings, interim proceedings, evidence and final adjudication, wherever litigation is required.
Will Registration & Probate
Background
A properly prepared Will can help provide clarity regarding the succession and distribution of a person's assets. However, disputes may arise concerning the validity, execution, attestation or interpretation of a Will.
Legal Assistance
We assist clients with:
Drafting and reviewing Wills;
Advising on testamentary succession;
Registration of Wills before the competent Sub-Registrar;
Advising executors and beneficiaries;
Probate and Letters of Administration proceedings, where applicable;
Examination of testamentary documents; and
Representation in disputes concerning the validity or implementation of a Will.
Our Approach
We examine the testator's ownership of the assets, proposed distribution, family circumstances, testamentary intentions and applicable succession law before finalising the document or advising on further proceedings.
Property Sale & Purchase – Legal Due Diligence
Background
A property transaction involves substantial financial and legal considerations. Verification of the seller's title and the property's legal status before entering into a transaction can help identify potential risks at an early stage.
Due Diligence
We undertake legal due diligence of properties proposed to be purchased or sold, including examination of:
Current and previous title deeds;
Chain of title;
Encumbrance Certificate;
Khata and municipal records;
Revenue and survey records;
Conversion orders, wherever applicable;
Approved plans and permissions;
Existing mortgages and charges;
Court cases and claims, where ascertainable;
Family and succession issues;
Development and joint-development documents; and
Other documents relevant to the particular property.
Transaction Documentation
Based on the due diligence, we assist with preparation and review of:
Agreements to Sell;
Sale Deeds;
Sale Agreements;
Addendums and supplementary agreements;
Declarations and indemnities;
Power of Attorney documents; and
Other transaction-related documents.
Our objective is to identify potential title and transaction risks before the client commits to the purchase or sale.
Property Registration
Background
Property transactions require careful attention to documentation, stamp duty, registration requirements and the particulars recorded in the registered instrument.
Legal Assistance
We assist clients with the legal and documentation aspects of property registration, including:
Sale Deeds;
Gift Deeds;
Release Deeds;
Partition Deeds;
Settlement Deeds;
Joint Development Agreements;
Agreements relating to immovable property;
Power of Attorney documents;
Rectification Deeds; and
Other property-related instruments.
We also review the property description, consideration, ownership details, boundaries, extent, rights and obligations of the parties and other material terms before registration.
Our Approach
The objective is to ensure that the documentation accurately reflects the transaction and that relevant legal and registration requirements are addressed before the document is presented for registration.
Our Property Law Practice
Our property-law practice covers both transactional and contentious property matters, including:
Title Verification | Title Disputes | Declaration Suits | Partition Suits | Succession & Inheritance | Wills | Probate | Property Due Diligence | Sale & Purchase | Agreements | Sale Deeds | Gift & Release Deeds | Property Registration | Property Documentation | Property Litigation
Every property matter is assessed based on its individual title documents, factual circumstances and applicable law. Clients are advised on the legal issues, potential risks and available courses of action before proceeding with a transaction or litigation.
