Advocate, Supreme Court of India · IP Extension, Delhi & Vaishali, Ghaziabad 📞 +91 88518 40550  ·  ✉ advocateajaymishra8@gmail.com

Property Disputes: Legal Remedies and Precautions

Property disputes are among the most common — and most avoidable — legal problems. Here are the main remedies and the checks every buyer should make.

Last reviewed: October 2026 · General information only, not legal advice.

Common Disputes and Remedies

ProblemRemedyTime limit (general)
Someone has occupied your propertySuit for possession; police complaint for criminal trespass BNS 32912 years from when possession became adverse
Threat of dispossession or constructionSuit for injunction, with urgent interim injunctionAs soon as the threat arises
Dispute over ownershipSuit for declaration of title SRA 343 years from when the right is denied
Family property not dividedPartition suitDepends on facts
Seller refuses to complete the saleSuit for specific performance SRA 103 years from the date fixed or refusal
Tenant not vacatingEviction under the applicable Rent Act or Tenancy Act—

Daughters' Rights in Family Property

Since the 2005 amendment to the Hindu Succession Act, a daughter is a coparcener by birth with the same rights and liabilities as a son in ancestral (joint family) property. The Supreme Court confirmed in Vineeta Sharma (2020) that this applies even if the father died before 2005. Daughters also inherit equally in a parent's self-acquired property when there is no will.

Before You Buy: Essential Checks

  • Title documents and the chain of ownership for at least the last 30 years
  • Encumbrance certificate / search at the sub-registrar's office for mortgages and charges
  • Mutation and property tax records in the seller's name
  • Approved building plan, completion / occupancy certificate
  • For builder projects, RERA registration. Read our RERA guide →
  • Pending litigation search and public notice in newspapers for high-value deals
A sale of immovable property must be by a registered sale deed. The Supreme Court held in Suraj Lamp & Industries (2011) that General Power of Attorney (GPA), agreement to sell and will transactions do not transfer ownership.

Frequently Asked Questions

Does a daughter have a right in her father's property?

Yes. In ancestral or joint Hindu family property, a daughter is a coparcener by birth with equal rights to a son under the Hindu Succession Act as amended in 2005. In self-acquired property, she inherits equally with other Class I heirs if the father dies without a will.

What can I do if someone illegally occupies my property?

You can file a civil suit for possession and seek an injunction, and lodge a police complaint for criminal trespass. Act quickly, because long, open and continuous possession by another person can eventually raise a claim of adverse possession.

Is a property purchased on GPA valid?

A General Power of Attorney sale does not transfer ownership of immovable property. Ownership passes only through a registered sale deed, as held by the Supreme Court in Suraj Lamp and Industries v. State of Haryana (2011).

Need advice on your matter?

Every case turns on its own facts. Speak to Advocate Ajay Mishra for advice specific to your situation — in person at IP Extension (Delhi) or Vaishali (Ghaziabad), by phone, or by video call.