Maintain the latest documentation of ownership. Ensure proper boundary demarcation, use clear contracts for any property-related agreements, and consider appointing a local representative to monitor the property regularly.
FAQ Category: Litigation Process
Is there any provision for a right to appeal if the Court’s judgment is not favourable?
Yes, you have the right to appeal to a higher court. But please note that appeals are based on legal errors rather than re-examining the factual evidence.
Specify the expected timeline of a litigation to resolve property dispute?
Resolving a property dispute through litigation varies on a case’s complexity, court schedules, and if there are any appeals. It can usually be several months to years.
What should I expect when attending court hearings?
In civil disputes court hearings include various stages and broadly it involves initial hearings, interim application stages, arguments, and evidence. It is important to be punctual, dress appropriately, and follow courtroom etiquette while giving evidence/statement before the Court.
Mediation & arbitration- explain the difference?
Mediation involves a neutral third party. The third party facilitates discussions for a voluntary agreement. Arbitration involves an arbitrator making a final decision after hearing both sides.
Elaborate benefits of negotiation in property disputes?
Negotiation can be less costly, quicker, and less stressful than litigation with mutual benefits for both parties.
What is the best way to choose an authentic and expert lawyer for my property dispute?
Look for a lawyer with specific experience in similar property disputes, consider their track record, ability to communicate effectively and handling complex legal concepts efficiently.
What kinds of evidence are typically used in property disputes?
Evidence can include property deeds, contracts, electronic communications, photographs, witness statements, expert opinions, historical records, and financial documents.
What is ‘proper identification’ of the dispute?
By correct or proper identification, it means identifying the applicable laws which govern dispute resolution & court jurisdiction.