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Real Estate & Property

Property Disputes & RERA

A clear view of the position, the options and the likely cost before a dispute hardens.

The Problem

What Is at Stake

Property disputes are slow, and they become slower once proceedings begin. Title, possession and partition claims can take years to resolve, and in the meantime the property is difficult to sell, develop or mortgage. Decisions made early, about what to claim, what to preserve and whether to negotiate, shape the outcome more than anything that follows.

RERA has given homebuyers and allottees a dedicated forum for delayed possession, refunds and defects, and it has placed clear obligations on promoters. Landowners in joint developments can find themselves treated as promoters, with obligations they did not expect.

KP Juris assesses disputes from the documents up, sets out the realistic options and prepares the groundwork for negotiation or proceedings. Where a matter goes before a court, tribunal or the RERA authority, representation is undertaken through appropriately authorised professionals.

Scope

Matters We Advise On

  1. Title and ownership disputes
  2. Possession and encroachment matters
  3. Partition and family property disputes
  4. Disputes arising from joint development agreements
  5. RERA complaints on delayed possession, refunds and defects
  6. Promoter and landowner obligations under RERA
  7. Builder–buyer agreement disputes
  8. Settlement and family arrangement documentation

Approach

How We Approach It

  1. 01

    Assemble the record

    Gather title documents, correspondence, records and payments, and build a clear chronology.

  2. 02

    Assess the position

    Identify the strengths, gaps and limitation risks on each side, and what each realistic outcome is worth.

  3. 03

    Choose the route

    Compare negotiation, mediation, the RERA authority, arbitration and civil proceedings on cost, time and enforceability.

  4. 04

    Prepare and coordinate

    Prepare the documents and evidence, and coordinate with authorised professionals where representation is required.

Key Considerations

What to Know Before You Act

Limitation periods

Claims to recover possession, cancel documents or enforce agreements each have their own limitation period under the Limitation Act, 1963. Delay can extinguish an otherwise strong claim.

Protecting the property meanwhile

Where there is a risk of sale, alteration or encumbrance during a dispute, early interim protection can matter as much as the final outcome.

RERA remedies

Under section 18 of the RERA Act, an allottee facing delay can generally choose a refund with interest or interest for the period of delay. The choice has lasting commercial consequences.

Settlement terms

A settlement is only as good as its drafting. Compromise deeds and family arrangements may need stamping and registration to be effective against third parties.

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