In the words of James Wilson, U.S. Supreme Court Justice, Property is the right or lawful power, which a person has to a thing. The origin of property, like many other origins of the institutions of mankind, lies too deeply buried in archeologic history to be rendered into an authentic and indisputable conclusion by reasoning. In sociology and anthropology, a relationship between two or more individuals and an object, in which at least one of these individuals holds a bundle of rights over the object is called property. When does man stop becoming a social being? Even the saintliest of the saints and the most enlightened gurus who have forsaken and relinquished all belongings, attachments, and properties, have depended on them for the sake of worldly existence be it meager. The property, in such way, is an undetachable entity from the aspect of human existence and it for such essential existential nature of the property that when a man’s rights towards property are jeopardized, the only Maseeha one finds a resort in, is an expert property lawyer; who helps to secure his rights. The best property lawyers are the ones who get to the base of the matter to dig facts which establish the truthful title or possession or other dynamics of a property. Property Law identifies rights and duties of an owner towards a property. The property can be classified into:
1. Corporeal or tangible (land);
2. Incorporeal or intangible (an easement of way).
The different types of land/property are residential, commercial, agriculture, common land, easement rights and intellectual property.
The laws applicable to the property are Code of Civil Procedure, Hindu Succession Act, Indian Succession Act, Muslim Law, Transfer of Property Act, Rent Control Act, The Waqf Act, Land acquisition rehabilitation & resettlement act, Indian Contract Act and The Limitation Act.
The major area of litigation in property law is succession. In intestate succession, the property among legal heirs will be distributed according to personal laws and civil courts have jurisdiction to conduct the trial. Indian Succession Act will be applicable on testamentary succession. The cases involving modes of transfer can be adjudicated as per the provisions of Transfer of Property Act by the civil courts. Matter related to tenancy is adjudicated as per Rent Control Act by Rent controller. Wakf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim Law, given by philanthropists and matters will be adjudicated by Wakf Tribunal. The acquisition of land proceeds under Land acquisition rehabilitation & resettlement Act and dispute will be addressed by Deputy Collector. The contracts and agreements are governed by Indian Contract Act and civil courts are authorized to hear the matters pertaining to contracts.
The institution of the suit starts by filing the plant in the civil court. The plant shall contain a factual summary of the case which is filed by the plaintiff, cause of action and jurisdiction of the competent court. Plant is replied through written statement submitted by defendant, rejoinder if any by the plaintiff, evidence lead by both the sides, arguments & eventually, judgment and decree of the civil court. Execution can be filed to implement the order of the trial court. An appeal can be preferred before the District Judge. A regular second appeal can be filed before the Hon’ble High Court and special leave petition can be filed in the Hon’ble Supreme Court. The limitation for filing a suit should always be kept in the mind. The condonation of delay is not applicable for filing a suit. The outcome of property dispute is a direct result of the efforts put in the trial court.
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