A clear title of the property is the fundamental requirement to enjoy the undisputed rights over the title of the immovable property in India. Title of the property indicates the ownership rights to a person. A person must have in his/her possession proper documentary records to reiterate his/her ownership over the property in India. A clear title not only protects the rights of the real owner in case of a dispute but is the requirement to perform any transaction concerning the property, like renting, sale, construction and such. If we talk in figures, there is no shortage of disputes over the titles of the properties, in India. A lot of these disputes caters to the properties of the NRI. Like a lot of NRI abandon their property back home, they become easy targets of land grabbing mafia.

How can one acquire the title of a property?

A person can acquire the title of a property in the following ways:

Through inheritance – Where the property owner has been passed down the property from his predecessors or any other person. Inheritance can also be divided in two ways.

1. Through Will
2. By way of natural succession.

Through purchase – While acquiring the property in India through purchase, the purchaser must get a thorough title check done on the property to reduce the chances of any conflict of interests.

When can dispute over the title arise?

A dispute over title can occur at any time, during any transaction, or once the transaction has taken place.

What are the reasons for the dispute over immovable property?

Reasons for a dispute over an immovable property can differ according to the mode of title transfer. Some of the reasons can be:

1. Legal heirs of a testator (writer of the will) contesting the validity of the proposed will in the court on the grounds of –
2. Incapacity of the testator owing to unsound mind
3. Forging of the will by several beneficiaries for their personal benefit. It is a growing concern in the case of an NRI who is being of their inheritance through forgery by the relatives staying in India.
4. Undue Influence – The neutrality of the will can be contested because the testator was unduly influenced.
5. Two Wills – In the case of two wills, a will can be challenged on the grounds of not being the latest will.

Faulty Representation by the Seller – Maximum number of title disputes arises over the purchase of the property. A title dispute on purchase occurs when:

1. When the seller does not have the right to sell the property.
2. When the seller sells an already disputed property, i.e. the property is either involved in litigation or has defected title.
3. When the seller misrepresents the obligation of the new owner.

Improper Documentation – Proper documents from the authority are necessary to establish a clear title. In the absence of the documents, a dispute can arise over the title. How can the dispute over immovable property be solved? Firstly, while purchasing the property, the buyer must take some preventive measures to avoid being cheated. The preventive measures include:

1. Title Search
2. Registration record of the property
3. A background check of the builder/ developer
4. Checking of all the requisite government approvals
5. Examining the location and the condition of the property
6. Any impending monetary or other dues on the part of the seller etc.

The buyers, especially the NRI are advised to hire the services of an expert property lawyer to avoid any dispute in future.