Metro cities like Delhi, Mumbai, Bangalore, Chennai, Hyderabad, Kolkata, etc. are bursting with population due to large scale urbanization and the resultant immigration of people from rural areas to these cities. As a result, the real estate sector is flourishing since the newcomers to these cities are often in search of a comfortable abode for themselves. Property-related disputes associated with them are inevitable in this situation. Therefore, it is always better and advisable to find some of the best property lawyers in Bangalore and other cities of the like.
This article seeks to focus on this problem exactly, in order to assist our readers to get acquainted with the crucial role that a property lawyer plays in property-related disputes. The 4 major reasons why a person who finds himself or herself in the middle of a property dispute must necessarily consult a property lawyer, have been elaborated below.
- Arguing with a legal dispute is no cakewalk, especially when it relates to property-related matters. It is no secret that lawyers take years of mind-boggling practice to master their field. In such a scenario, it is unreasonable to expect a layman to be able to efficiently fight one’s own property-related dispute. The laws relating to both, substantial rights, as well as procedural laws, are quite complex in India, and a layman might genuinely find it difficult to apply them in a case, without any professional legal assistance. Therefore, the presence of a lawyer becomes important, generally, for all kinds of legal matters.
- Secondly, when it comes to property-related disputes, there is no single consolidated Code in India, unlike the Indian Penal Code, which exists for criminal matters. Therefore, there is not any exhaustive source of law, upon which one might rely, while fighting a property matter. This might prove to be a very taxing task to any fresher in the field. On the other hand, a property lawyer will more likely be well versed with the different kinds of laws, which vary from the Civil Procedure Code, 1908, to the Transfer of Property Act, 1872, to the Sale of Goods Act. Apart from these, there also exist all the various kinds of personal laws that govern the aspect of intestate succession in India. For example, the subject of Hindu Intestate Succession is governed by the Hindu Succession Act, 1956 which has incorporated the ancient laws relating to devolution of property as per both, the Mitakshara and the Dayabhaga principles. These personal laws also speak of the partition of joint family property of a Hindu Undivided Family (HUF), the property rights of a widow, of daughters, both before and also after marriage, of children born out of a void marriage. Of children born out of an illegitimate relationship, whether maintenance rights of a divorced wife may extend to a share in the joint family property of the Hindu Undivided Family etc.
- Property transactions often involve other kinds of complications as well. For example, the registration requirements under the Indian registrations Act, the affidavits and undertakings required to be given on a stamp paper of the appropriate amount, proper and defect-free drafting of the sale, gift, lease or mortgage deed as the case may be. Also, if the concerned property related matter relates to a lease deed, the lawyer is more likely to have a better knowledge of all the welfare legislations like the Rent Control Acts of the various States which prevent unreasonable eviction of the tenant, exorbitant rent prices, etc.
- In addition to an in-depth knowledge of all the substantial laws, procedural laws and all the technicalities, the practical aspects are another thing that a lawyer is more likely to be better at, than an ordinary layman. For example, the manner in which the court proceedings are conducted, the amount of time it takes on an average for the disposal of such matters, the quantum of costs involved, the tendency of the judges to give a decision in whose favour, etc. these are some of the many aspects that only a person who goes to the courts on a daily basis will be able to understand properly.
These are all the different kinds of technicalities, the nitty-gritty of which, only a person well versed with the law, and also has substantial experience of several years can understand and therefore can tactfully apply them for the best interests of his or her client.
Lastly, one must realize that the role of a property lawyer is one that cannot be neglected and must be given due importance that it deserves. Thus, the crucial role played by a property lawyer in property-related disputes or matters can definitely not be undermined under any circumstance.