Property is something that every individual dreams of owning. It is an asset that has consistently yielded profits for its owner. However, problems arise when there is more than one individual in blood relation. Property disputes are not new in India. In fact, they have been, for time, unmemorable.

Property issues are found in families, rich or poor, big or small. These issues may arise between heirs, siblings, or co-owners. There may be disputes related to the ratio of property distribution, easement rights, will, lousy title of the property, and more.

The constitution of India has provisions to solve such matters. However, the concerned parties need to bring the matter to the court, where their case is looked into.

Property Laws In India

1. Partition Act, 1893 (3)

  • Under the Partition Act, if there is a suit for partition, if the Court finds that the property’s division cannot happen because of some reason or sale of that property is more beneficial, the Court may direct the property’s sale and distribution of proceeds on request of the interested shareholders.
  • The Act provides that any of the shareholders can ask to buy the other party’s shares, and the Court may then offer a valuation to the concerned party and sell their part of the property to the applicant.
  • The Act also consists of detailed provisions in case there is a disagreement between the shareholders.
  • The Act provides the family members with the right to purchase the share of the stranger ‘suing’ for the partition.
  • The Act’s section 9 gives the Court the right to distribute the property equally among the family members, sell off the remaining property, and distribute the proceeds.
Amendments were suggested in the Act as it had gaps under the 86th Law Commission report; however, the amendments are yet to be made.

2. Hindu Succession Act (5)

  • Under the Hindu Succession Act, people can claim their share of their ancestral property despite changing their religion from Hinduism. This kind of flexibility was not in the Act before; However, it has now been amended.
  • Under the Act, the descendants of the converted individual don’t have any right over their ancestral property unless they were Hindus at the time of the succession’s opening.

3. Indian Succession Act, 1925 (4)

  • The Indian Succession Act deals with two types of succession- testamentary and intestate. While in testamentary succession, a person makes a ‘will’ (a written document specifying whom their property will be transferred to after the owner’s death). If there is no will, the deceased’s properties are distributed according to their religious law, intestate succession.
  • This Act applies if there is no personal law to the concerned person. Similarly, this Act applies to Christians for both types of successions; however, only testamentary succession laws apply to Buddhists.
  • In the case of Christians, the religion of the heir doesn’t matter, but the deceased must be a Christian on the date of their death. Also, under this Act, the adopted child won’t have the same right as the biological child.

4. Muslim Personal Law (Shariat) Application Act, 1937 (7)

  • The Muslim Personal Law Application Act is applicable when both parties belong to the Muslim religion.
  • Under the Act, the biological son of the owner has the right to claim their property even if he has changed his religion.

When To Hire An Attorney For Property Disputes?

Various situations may signal the need to hire an attorney. Here’s when you can hire a property dispute lawyer:

When Advice Is Required

It is recommended to seek advice when taking an important decision about your property during a dispute. Many things are going on during the debate, and you may be unable to think in the right direction. Herein, hiring a property dispute lawyer can be of immense help.

When The Dispute Can’t Be Solved

A dispute doesn’t give you time to think correctly. There can come the point when there is a heated argument, and the situation has gone out of hand. This is when a third person’s interference is required. This is the apt time to hire an attorney for the property dispute.

When The Matter Needs To Be Solved Legally

If both parties are not coming to a conclusion and cannot solve the dispute, they can take the matter to court. For this, they will need to hire a property dispute lawyer who is an expert in taking care of the legal proceedings and getting a legal solution.

When Documentation Is Required

Sometimes, disputes might convert into situations wherein there is no other option but to prepare legal documents to solve them. In such cases, you will need to hire an attorney as the governments of any country have laid rules that don’t allow regular citizens of the country to make legal documents; this can only be done by a person who has the legal right, i.e., a lawyer.

As legal documents can help solve disputes early, it is essential to get them made at the earliest. Hiring an expert property dispute lawyer can help you quickly get the required legal documents.


Property disputes in India are from the time human settlement was established. It is essential to solving these disputes as they can take an ugly turn. Provisions have been made to solve such cases, such as the Partition Act of 1893 (3), Indian Succession Act of 1925, Hindu Succession Act (5), Muslim Personal Law (Shariat) Application Act, and more. However, a property dispute lawyer is required to fight the case legally.

There are times when you need an attorney for your property dispute. In cases such as matters going out of hand, advice is required, when the issue needs to be solved legally, and much more. It is always better to include a property dispute lawyer in property-related matters to solve the dispute with as much convenience as possible.

Although there are provisions in the constitution of India for such cases, the parties cannot speak to the judge directly. Herein, a property dispute lawyer is required to work on the matter legally and with expertise. If you are a resident of Chandigarh, you can get the best lawyer for property disputes. You can find good property lawyers in Chandigarh who practice independently. You can also approach a law firm in Chandigarh if you want a team of lawyers working on your case.

One of the best options is Lex solutions. It offers expert advice from the best lawyers in the field and helps you legally solve any dispute quickly.