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Property Advocates in Delhi

Property Advocates and Lawyers in Delhi


  • Property Lawyers in Delhi


    With tremendous growth in trade, commerce and technology, we have also witnessed an upsurge in disputes and litigation. Disputes can either be of criminal nature or of civil nature. Disputes of criminal nature are decided by criminal courts whereas disputes of civil nature are decided by civil courts.

    When it comes to civil cases, it gets necessary to hire a lawyer that is not only talented but has a high chance of winning the case that he has taken up. Be it a small family dispute or something as big as a violation of your property rights, it is necessary to get in touch with the best property lawyers in Delhi, who can promise to get you justice.

    Civil cases concern conflicts between individuals or establishments such as business associations arising out of an injury caused which is not criminal in nature but might cause damage, monetary loss, mental agony, infringement of legal right,pain & suffering, embarrassment to the aggrieved person or organisation, which can be easily compensated in monetary terms. The relief prayed for in civil cases can be assessed in terms of money. Under Civil Procedure Code, suits of civil nature can be brought in civil courts as far as jurisdiction of civil courts over such suits is not barred either expressly or impliedly by virtue of Section 9 of Civil Procedure Code.
    A civil case begins when the Plaintiff (aggrieved individual or organisation) claims to have been injured by the action or inaction of the Defendant (offending individual or organisation) and by this means prays for relief in the court by instituting a suit.


    Legal Property Advocates

    With the rise of migrants in Delhi there has been a drastic increase in the number of cases wherein illegal possession of property has been done. In such a situation it gets crucial to be in contact with some of the best property advocates in Delhi who not only assure that you get your property back but also ensure that the criminals are punished for their crime.
    Most commonly occurring property disputes in India are Illegal Possession of Property, Title Disputes, Rental Disputes e.g. most commonly Landlords and tenants disputes, Disputes between buyers and developers, disputes between borrowers and banks, Land Use disputes etc and Property Lawyers in Delhi are the ones who can help you out.


    ISSUES COVERED UNDER CIVIL LAW:

    Civil courts handle a wide variety of cases involving numerous legal issues. Very broadly, civil cases may involve such things as, for example:

    Breach of Contract: Irrespective of whether terms of a contract are oral or written, if there’s a failure on the part of a party to oblige according to such terms without any legitimate legal excuse, there’s a clear case of breach of contract provided that such terms shouldn’t be contrary to laws of the land, public policy, derogatory to any law or authority and immoral, etc. Any departure from the terms of the contract amounts to breach of contract for which an offending party can be held accountable.

    Tort Claims:A ‘tort’ means acivil wrong or wrongful act other than a breach of contract, which results in injury to a person, property, reputation, or the like, for which the injured party may bring a civil suit to seek compensation for damages is entitled to compensation. Instances for such cases involve claims for personal injury, battery, negligence, public nuisance, defamation, medical negligence, and many other examples.

    Equitable Claims/Injunction:A Plaintiff who seeks equitable relief in the court is, in short, asking the court for an injunction i.e. a court order compelling a party to do or refrain from doing a specified act. Such orders are passed in order to prevent any future injury. Equitable Claim unlike Legal Claim does not ask for monetary damages as money damages is not a satisfactory solution. However, in many cases, a plaintiff who suffers a loss may choose to file a hybrid case involving both legal and equitable claims.

    Landlord-Tenant Issues:Disputes arising between landlords and tenants are handled by Civil Courts. C ases where a landlord is trying to evict a tenant from a rental property or where a tenant is not paying rent, where a landlord isn’t maintaining the rentalproperty or a tenant has moved out and is suing a landlord for the return of a security deposit are some examples of Landlord-Tenant disputes which are handled by the civil courts. However, it is always advised to seek advice ofExperienced Civil Lawyers in such matters.

    Property Disputes: The most common and widened area of litigation today is related to property disputes. Some common disputes occur where an unauthorized person enjoys the property without having a title to the same, illegal transfer of the property where there is no title to it, disputes involving claim for partition and possession of property, trespass, conversion, division and succession to intestate’s (person who dies without a will) property. Property disputes generally demand a lot of time, energy and patience until its final determination because of the intricately mingled facts and interests involved. However, Experienced Top Property Lawyers always advise to attempt to settle the matter amicably out of the court. Many Experienced property advocates in Delhi recommend that in cases involving stakes of close family members, it is always correct to determine the rights and obligations of every party out of the court as in many cases, due to the matter remaining lingering in court, many estranged family members turn absolute rivals and this in turn causes yet more delay in the determination of their rights & obligations.

    Family Disputes: Family law is a branch of civil law that deals with marriage, divorce, annulment of marriage, child custody, adoptionand any other issues affecting families and matrimonial relationships. Considering intensification and upswing in family disputes in recent years, a separate court has been dedicated for dealing with family disputes cases known as Family Courts, which has the powers akin to Civil Courts. Family Courts determine the rights, obligations and liabilities of party involved and also in matters of providing maintenance to the spouse or parents, establishing child custody, child support, and spousal support among other things. In Metro cities like Delhi & Mumbai, there is a huge escalation in Family Dispute cases as compared to other cities due to overgenerous lifestyle and weakening understanding among couples. Taking advantage of such a scenario, many lawyers engage in deceitful practices which cause prolonged litigation in family courts. Approaching a Top Divorce Law Firm or an Experienced Family Disputes Lawyer in Delhi and in cases of Child Custody, approaching an Experienced Top Child Custody Lawyer should be the foremost step.

    The above mentioned civil laws are amongst the optimum solution for these property disputes. You can avail justice in case you are a victim of any of the above wrong doings with the assistance of property advocates in Delhi.

    RELIEF AND REMEDIES AVAILABLE UNDER CIVIL LAW:

    There are many reliefs and remedies available under civil law mainly grouped under:
    1. CONSTITUTIONAL REMEDIES (under Article 32/226 of Indian Constitution):

    1. a. Habeas Corpus
    2. b. Certiorari
    3. c. Mandamus
    4. d. Prohibition
    5. e. Quo Warranto

    2. STATUTORY REMEDIES:The Civil Court is empowered to give various types of relief and orders. All such relief and order can be grouped under two categories:

    1. a. Temporary Orders
    2. b. Final Orders

    Under following statutes, there are certain remedies, some of which are common in nature and form.

    INDIAN CONTRACT ACT, 1872:

    1. a. Suit for Specific Performance: In cases where monetary compensation may not be adequate relief, courts can decree for specific performance in furtherance of terms of contract.
    2. b. Cancellation of Contract: Where due to supervening impossibility or other relevant factor, the court may after taking cognizance of which, may decree for cancellation of contract and absolve a party from the obligations he needed to perform under the contract.
    3. c. Compensation: Section 73 of the Act provides compensation for loss or damage suffered due to breach of contract.
    4. d. Liquidated Damages: Where the contract itself provides for damages or punitive compensation in consequence of breach of contract, Section 74 of the Act guarantees to the aggrieved party a reasonable amount of compensation, not exceeding the amount so stipulated in the contract.

    SPECIFIC RELIEF ACT, 1963

    1. a. Section 36-42 of the Act provides for Injunction, which restrains a person from continuing an action which threatening or invading the legal right of another, or directing a person to carry out a certain act.
    2. b. Section 5-8 provide for Recovery of Possession.
    3. c. Section 9-25 also provide for Specific Performance of Contract.
    4. d. Section 27-30 provide for Recession of Contract.

    CODE OF CIVIL PROCEDURE:

    1. a. Temporary Injunction (Order 39) In India, Civil suits normally take a long time to get decided. In such cases, if the court is of the opinion that till the final determination of the suit, the subject matter of suit is likely to be destroyed, it may grant ‘Temporary Injunction’ in order to protect the subject matter of the suit thus also preventing the whole suit from being infructuous.

    1. b. Interlocutory Orders(Order 39, Rule 6-10) Interlocutory Orders are similar to Temporary Injunctions but Interlocutory Orders only settle intervening matter relating to any cause which needs to be decided immediately. Such orders are made to secure some purpose necessary and vital to the progress of the case. These orders are also of different natures, such as the court may order for:

    1. i. Detention, preservation or inspection of any property or documents.
    2. ii. Authorize any person to enter into any land or building for the purposes of detention, preservation or inspection etc., which is in the possession of other party.
    3. iii. To authorize any person to take samples.

    1. c. Order of Res judicata: Sec 10 & 11 of the Code states that an issue, which has already been decided by the court, in a previous case cannot be raised again in a subsequent case.


    1. d. Execution (of Decrees/Orders): An order/Judgement is in itself sometimes not sufficient for the party in whose favour the Judgement/Decree is passed. The party against whom the Decree is passed may sometimes not honour the award. It is advised that particularly in cases of money suits, suits for partition, demolition of property etc., the party in whose favour decree has been passed should proceed for execution. Execution can either be:

    1. i. By Court on its own motion
    2. ii. On Application by Decree Holder (Order 21, Rule 10)

    TYPES OF SUITS:
    Suits of civil nature fall into various categories which dependupon the nature of suits, or status of person filing the suit etc. Following are some instances of the suits that can be filed under the Civil Laws in India:

    1. • Suits involving Interpretation of Constitution. (Order 27-A)
    2. • Suits by or against Aliens, Foreign Rulers, etc. (Section 83-87B)
    3. • Suits by or against Soldiers, Sailors or Airmen. (Order 28)
    4. • Suits by or against Corporations (Order 29)
    1. In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by:
    1. i. The secretary
    1. ii. Any Director
    1. iii. Other Principal Officer of the corporation able to depose to the facts of the case.
    1. • Suits by or against Firms (Order 30)
    1. Rule 1 of Order 30 states that two or more persons claiming or being liable as partners and carrying on business in India may sue or be sued in the firm name; the pleadings may be signed and verified by any one of the partners.
    1. • Suits by or against Trustees, Executors and Administrators. (Order 31)
    2. • Suits relating to Family Matters. (Order 32-A) – inserted by 1976 Amendment.
    3. • Suits by Indigent Persons/ Pauper Suits (Order 33)
    4. • Suits relating to Mortgages (Order 34)
    5. • Suits relating to Public Nuisance (Section 91)
    6. • Suits relating to Public Charities (Section 92)

    GENERAL PRINCIPLES REGARDING INSTITUTION OF A SUIT IN INDIA:

    According to Section 15 of Civil Procedure Code, every suit shall be instituted in the Court of the lowest grade competent to try it. In India, every Court has a specific pecuniary and territorial jurisdiction. A court lacking jurisdiction in a particular case cannot decide the matter as it would not be competent to do so. This means that we cannot file suits as per our convenience. All the rules regarding filing of suits are guided by various provisions contained in Civil Procedure Code. The relevant provisions regarding filing of case and institution of suit are reproduced hereunder:

    Filing of a Suit – Where and How?

    Prior to filing a suit, it is important to know where or before which Court the plaint is to be presented. Such court which has the jurisdiction and competency to entertain the suit and where the suit is filed is called the place of suing. Place of suing is subjected to two limitations:
    1. A. Pecuniary Jurisdiction of the Court.
    2. B. Territorial Jurisdiction of the Court

    Every court has a pecuniary jurisdiction, i.e. it can entertain only those suits, the value of whose subject matter does not exceed the limit prescribed for the court to entertain the suit. Pecuniary Jurisdiction of Courts differs from State to State.


    Territorial jurisdiction, however, depends upon the subject matter of the dispute. According to the nature of subject matter, suits are divided into 3 categories:
    1. i. Suits relating to Immovable Property.
    2. ii. Suits relating to torts against persons or movables.
    3. iii. Suits of other kinds.


    i. Section 16 of the Code of Civil Procedure stipulates certain conditions which suggest that in case of Suits relating to Immovable Property, Suits shall be filed in the Court within the local limits of whose territorial jurisdiction the property is situated. It is however, subject to certain pecuniary and other limitations. This means that if a property in dispute is situated in Delhi, whereas the parties to suit are resident elsewhere, the place of suing shall be a Court in Delhi. Many suits get dismissed due to reason of being instituted in a court lacking jurisdiction to try it. Thus, it is always recommended to approach a Qualified and Experienced Property Advocate who will ensure that there is atleast no technical flaw in instituting a suit.
    Section 17 of the Code states that to obtain relief with respect to an immovable property which is situated within the jurisdiction of different courts, suit may be instituted in any court within the local limits of whose jurisdiction any portion of property is situated.
    ii. Suit for Torts to Person or Movable Property:
    According to Section 19, such suits may be brought at the option of the plaintiff either where the tort is committed or where the defendant resides, or carries on business, or personally works for gain. It is for the Plaintiff to choose either of the places, subject to the pecuniary jurisdiction of the court.
    iii. Suits of Other Kinds: Section 20 of the Code provides for filing of suits of other kinds which are not covered under Section 16, 17 and 19 of the Code. All such suits may be filed at the Plaintiff’s option in any of the following courts:
    1. • Where the Cause of Action wholly or partly arises.
    2. • Where the defendant resides or carries on business or personally works for gain.


    STANDARD OF PROOF REQUIRED IN CIVIL CASES:

    In most civil cases, the court has to make a decision based on "preponderance of the evidence." It is this preponderance of evidence which leads to a final decision as opposite to decision in criminal cases where the prosecutor has to establish “guilty beyond reasonable doubt”. This means that the story of one of the parties is more probably true. It does not matter whether one side brought in more evidence than the other side. It simply means that evidence of one party was more convincing than the other's.
    However, in some cases, the standard for reaching a decision is "clear and convincing evidence” which means that the winner needs to prove that his version of the facts is more likely to be true than other’s. It is an intermediate degree of proof, more than "preponderance of the evidence" but less than what is required to prove in a criminal case (guilty beyond a reasonable doubt).


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