What's The Major Role Of Real Estate Lawyer In Property Dispute

In simple words, Property disputes are disagreements related to material goods that have arisen between individuals or legal entities and required to be solved through pre-trial settlement or judicial proceedings. Disputes over the division of property of spouses acquired during the marriage, recognition of ownership of movable or immovable property, Collection of debts or receivables, the release of the arrested property, claims for compensation for pecuniary damage, compensation for non-pecuniary damage, etc have become daily life events. It doesn't matter what type of property dispute you are going through, you require the assistance of a professional lawyer specializing in property law. He/she can go into the problem in detail and can help you find the best possible solution as soon as possible. Just have a look how a real estate lawyer helps you to solve property disputes:

1. Determining & Filing A Claim

In today's complicated and fast life, individuals face a lot of problems while fulfilling contractual obligations. During such situations, it is very important for individuals to draw up a claim and file it. It is the only option for resolving a legal conflict by way of pre-trial settlement of the dispute. Always keep in mind that in many cases, a claim is a prerequisite before going to court for the protection of their violated rights there. If this important legal requirement is not fulfilled, the court will return the statement of claim without considering it on the merits. A real estate lawyer can help you to do all these easily and quickly. This will help individuals to settle the arising dispute in the pre-trial order.

2. Commencement Of Negotiations

There are many individuals who don't want to get involved in court proceedings to solve property disputes because it demands a lot of time, money, arguments and there is no guarantee that the problem will be resolved. In courts, cases run for several years and decades.

So, a good number of people prefer negotiations to solve property disputes. In this process, a real estate lawyer analyze the claims and documents submitted by the conflicting parties and pronounce the verdict as per the existing law. Always keep in mind that decision made by the lawyer is non-binding and you can move out if it fails to protect your right or you assume that justice has not be done with you.

3. Preparation Of A Counterclaim

When your rivals start legal proceedings to claim a property, you are summoned by the court and asked to file your answer. The submission of a counterclaim or filing of an objection (withdrawal) to a claim is an important way through which you can protect your property against unlawful possession. For this, you need the assistance of an expert real estate lawyer. An experienced lawyer can easily prepare and submit such documents to the court with solid proof and help you to protect your claim.

4. Representation In Court

When you take the property disputes to the court, the legal assistance of expert property lawyers is immensely required. An expert real estate lawyer helps you in many ways, such as drawing up all the necessary legal documents (statement of claim, withdrawal of claim, counterclaim, petition for securing the claim, etc.) and filing them in court, Collection of additional evidence, participation in pre-trial preparation for the forthcoming hearing on the merits, seek your advice on the dispute, Preparation for the upcoming interrogations in court of witnesses, specialists, third parties, etc, personal participation in all civil proceedings, etc.

Always keep in mind that lawyers charge for their services. So, you must do some research and go through the profiles of different real estate lawyers so that you can find the best lawyer to handle your case and find its solution as soon as possible. Inexperienced or money-minded lawyers can prolong your case and make a big hole in your pocket without getting the problem resolved through legal channels.

5. Appeal Against A Civil Court Decision

Everyone has the right to judicial protection if any rights are violated or contested. Appealing a court decision in a civil case is one of the elements of a judicial protection system. If you believe that you did get justice from the lower court, you can challenge its decision in the higher court or the supreme court. For that, you need the assistance of a lawyer. He/she can study the case materials carefully, find out the violations of your rights, and can help you to get justice from the higher courts.

Final Words:

Property disputes have become the order of our daily lives. Hiring an expert real estate lawyer helps you to resolve complicated property disputes easily within a short time span.

Author Bio:

Michael Brown is a senior real estate lawyer working with Ahlawat & Associates for last 5 years. Prior to this, he practiced the law in different Indian courts and that is why he has a vast experience of dealing with different types of clients and providing them the most feasible solution ASAP. She keeps publishing articles on legal issues.