Real estate issues consultant services

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⚖️ *Real Estate Law – Legal Process in Indian Judiciary*

Real estate law deals with *property ownership, transfer, disputes, registration, land use*, and more.

🧾 *Common Types of Real Estate Legal Issues:*


| Issue Type | Examples |

|------------|----------|

| 🏡 Ownership disputes | Partition suits, ancestral property disputes  

| 📜 Title defects | No clear title, forged documents  

| 🧾 Registration issues | Undervalued property, improper stamp duty  

| 🚧 Encroachment | Illegal occupation of land  

| 🏗️ RERA matters | Delayed possession, builder fraud  

| 🪪 Land conversion | Agricultural to non-agricultural  

| 🏠 Tenant/Landlord | Eviction, non-payment, misuse  


🧑‍⚖️ *Judicial Process for Real Estate Matters (Step-by-Step)*


1️⃣ *Pre-Litigation Process*

- Legal notice to the opposite party (mandatory in many civil cases)  

- Title verification / document check  

- Settlement attempts (mediation or negotiation)


2️⃣ *Filing of Suit*

- Civil suit filed in:

  - District Court (for higher-value disputes)


- Junior Civil Judge Court (for small property cases)  

  - RERA Authority (for builder-buyer disputes)


*Required documents:*

- Sale deed  

- Encumbrance certificate (EC)  

- Mutation record / Patta  

- Identity & possession proof  

- Sketch/FMB copy


3️⃣ *Court Proceedings*

- Admission & numbering of suit  

- Issuing summons to the opposite party  

- Filing of Written Statement (defence)  

- Framing of issues  

- Trial (Examination-in-chief, cross-examination)  

- Final arguments


4️⃣ *Judgment & Decree*

- Based on evidence, court delivers judgment  

- If in favour, a decree is passed:

  - Declaration of title  

  - Injunction to stop interference  

  - Possession rights  

  - Partition orders


5️⃣ *Execution of Decree*

- Filed if the losing party doesn't comply  

- Court orders physical possession via court bailiff  

- Local police support if needed



6️⃣ *Appeal (if needed)*

- Can appeal in *District Court*, *High Court*, or *Supreme Court*, depending on level



🏢 *Other Forums for Real Estate Cases:*


| Forum | Purpose |

|-------|---------|

| *RERA* | Builder vs Buyer (project delays, fraud)  

| *Consumer Court* | Defective service by builders  

| *Revenue Courts* | Mutation, patta, land classification


| *Lok Adalat / Mediation* | Quick settlement of minor property disputes  


📌 *Legal Remedies Available:*


- Declaration of ownership  

- Permanent injunction  

- Possession order  

- Cancellation of fraudulent sale deed  

- Specific performance (enforcing sale agreement)

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