「 ✦ Content ✦ 」

When we talk about settling property dispute cases, there could be a lot at stake. Family relations are mostly involved in property matters, as seen in recent years. People’s egoistic approach often makes things difficult. In any case, financial interests are always at stake. That’s why knowing the right approach to settle property dispute case is crucial, to safeguard everyone’s interests. For example, in case of partition suit, people often find it hard to settle with an agreement on whether to sell out the said property or to settle property dispute cases with monetary compensation. At such a point, we want someone to illuminate us with the available options and help speed up to settle property dispute case without losing much. Here, we have discussed the ways out for persons stuck with property disputes.

Conflict Management

Where there is a property dispute, there is an interest, which is making two or more parties be at conflict. To avoid or even settle a property dispute case before it reaches the Court, resolving the point of dispute, if possible, can save a lot of trouble. Most of the time, especially in family property disputes, the reason for conflict is someone’s ego, and not the property itself. If someone can resolve those relationship conflicts through counselling, it may not take much time for the parties to settle their matters.

Negotiation

Communication is considered the best way to settle disputes, be it relationships or property related matters. While discussing property dispute cases, one should know the strengths and weaknesses of their case as well as the opposite side. When you have this information clear, negotiating any dispute can be impactful. To settle property dispute cases through negotiation, one should bring in both sides of the coin, clarifying why agreeing upon certain pointers could be beneficial for both. For example, if it’s a dispute regarding a family property dispute case, one can negotiate on the value and offer some monetary compensation in exchange for property ownership. 

Mediation

When direct interaction between the parties to dispute does not bring any solution, having a third neutral party may save interests. Mediation is one of the most effective ways of settling property dispute cases. It involves a third party unrelated to the property dispute or the parties, listening to both sides and suggesting amicable ways to settle property dispute cases after understanding the root cause of the dispute. After reaching a settlement, they draft a mediation award which is signed by both the parties confirming to settle property dispute cases. While arbitration and mediation are often used in flow, the two are quite different, be it the procedure followed or the enforceability. Mediation awards can be challenged in the Court if the same is reached by fraud or other illegal means, and the grounds for challenging arbitration awards are also very specific.

Arbitration

Another alternative dispute resolution method to settle property dispute cases is arbitration. It is governed by the Arbitration and Conciliation Act, 1996. In order to opt for arbitration as the discourse method, parties usually need to have an arbitration agreement, either separately or included as a clause under the specific agreements, be it for lease, etc. Arbitration is a bit stringent mode to settle property dispute cases after litigation, because here, the applicable laws help analyse the rights and liabilities, and the arbitrator usually looks at both sides of the coin to adjudicate the matter similarly like a Judge in the Court.

Litigation

Approaching Court should be the last resort to settle property dispute cases when nothing works out to reach an agreement. The process starts with sending a legal notice, a written document sent by one party to another, expressing the intention to initiate legal action for settling property dispute through the Court. The Civil lawyers take charge of petition drafting to include the facts of the dispute, evidence to prove the ownership and claims of either parties, and the relief/alternate relief sought through the Court. The Court hears both the sides and decides the matter based on applicable laws. If the situation warrants, the Court may also pass injunction orders restricting either party from acting in a certain way like trespassing, etc. during the pendency of property dispute cases, in order to avoid any interference based on prima facie picture. While it may take years to years for the Court to decide and pass judgments on property dispute cases, there is another milestone, which is execution. That’s why civil matters take longer and it is advised to settle property dispute cases out of Court. But the pendency of property dispute cases in the Courts reflects a contrary picture. 

Settlement Deed

When parties involved in property dispute cases have tried various modes of alternative dispute resolution, gotten into litigation and spent years without reaching any conclusion, they often want to end the matter amicably. The reason being that civil matters take time, and there is scope for appeals, while the dispute takes years and parties are forced into spending a lot of money as litigation costs. In such cases, if the terms are discussed and both the parties agree to it, they may draft a settlement deed stating those terms, and both parties must sign the same.