How To Settle Property Dispute With Your Brother?

 Before getting into legal tangles, it is important to first negotiate the property dispute with your sibling

Property disputes are quite common among siblings. A will is often missing and the property's title may be held collectively in the name of multiple family members. It can include both brothers and sisters as well as cousins in many cases.

Differences among family members on what to do with the property is one of the common causes of property disputes. There are also cases where some family members may try to usurp the property entirely. If you are facing a similar situation, let us take a look at how to settle property disputes with your family members.

Try for voluntary agreement - To avoid costly court cases, you should first try to settle the property dispute amicably. You can invite your brother or sister for a discussion. You can also invite other family members or elders in your community to work as mediators. A family settlement, if fair and properly documented, is legally recognized in India. With a voluntary agreement, you can avoid the hassle of approaching the courts.

Hire a professional mediator - Many courts in India offer mediation services by professional mediators. These individuals will be charging a fee for their services. With their knowledge of legal matters, a professional mediator can bring more clarity into the property settlement. However, mediators can only make the discussions more meaningful. They cannot impose any decision on any party.

Choose an arbitrator - If both parties agree, an arbitrator can be appointed to settle the property dispute. The decision of the arbitrator will be binding on both parties. This is covered as per the Arbitration and Conciliation Act, 1996. The arbitrator's decision will also be enforceable in court, something similar to a court decree. The parties to the case will have to pay the relevant fees to the arbitrator.

Partition deed - This is a legal document that registers the division of joint property. If both parties agree, a partition deed can be created, signed and registered with the sub-registrar under the Registration Act, 1908. This ensures a clear legal title for the property and helps avoid any further disputes.

Approach a civil court - At times, the only option left could be to file a civil suit in a court of law. Depending on the situation, you may have to file a case for declaration of title or a suit for partition of property. You will need to submit the relevant documents such as property papers and any wills or succession certificates. If your civil suit meets the legal criteria, the court will appoint a commissioner to evaluate and divide the property. A final decree will be issued subsequently.

While this decree will be legally binding and enforceable, court cases can be lengthy and costly in India. A court case can also lead to complete breakup of family ties. As such, it is important to first consider other options before approaching a court to settle the property dispute with your family members.

source: newspatrolling.com