Property disputes can lock up significant value for years, and a homebuyer or investor’s best remedy often depends on choosing the right forum.
Real Estate disputes involve delayed project dispute, defend a title claim on inherited or purchased land, non authorised use of common areas, homebuyers facing possession delays, owners and purchasers dealing with fraudulent or defective documentation, builder buyer disputes,etc and such disputes typically need forum-first approach from day one.
Our Real Estate Dispute practice represents owners, buyers, builders, landlords and tenants across the full range of real-estate litigation, and we run claims through whichever route works best: RERA, the consumer commissions, or the NCLT under the insolvency framework.
Real Estate Dispute Practice
- Title, ownership and partition disputes
- Builder-buyer and project-delay disputes
- Landlord-tenant and eviction matters
- Specific performance of agreements to sell
- Disputes arising from forged or fraudulent property documents
- Adverse possession, easement and boundary disputes
- Injunctions against dispossession and illegal construction
- RERA complaints and appeals, and representation before consumer commissions and the NCLT
Choosing the Right Forum: RERA, Consumer or NCLT
RERA
Complaints before the state Real Estate Regulatory Authority under the Real Estate (Regulation and Development) Act, 2016, for delayed possession, deviation from sanctioned plans, refunds and developer accountability. This is usually the first stop for homebuyers asking how to file a RERA complaint against a builder.
Consumer Commissions
Claims before the consumer commissions for deficiency in service and unfair trade practices by developers, where the consumer-protection route offers the better remedy.
NCLT (Insolvency)
Action before the National Company Law Tribunal where homebuyers, as financial creditors under the IBC, pursue or participate in insolvency proceedings against a defaulting developer. Clients searching for an NCLT lawyer for homebuyers are usually dealing with a developer that is already insolvent or on the verge of it, where recovery depends on acting alongside, or ahead of, other creditors.
Protecting Your Position Early
In property matters, possession and the documentary record often decide the outcome. We act swiftly to secure interim protection, scrutinise the chain of title, and select the forum, or combination of forums, that gives our client the strongest and fastest remedy. This is the stage at which clients typically look for an eviction lawyer in India to remove an unauthorised occupant, or a property fraud lawyer in India to act on forged documents before a fraudulent sale or mortgage can be completed.
Common Property and Real Estate Disputes We Handle
- Builder-buyer and delayed-possession disputes. Homebuyers asking how to get possession of a delayed project, or seeking a refund with interest where a developer has failed to deliver on time.
- Title and ownership disputes. Competing claims to ownership, defective or forged sale deeds, and disputes arising from irregular mutation or revenue records.
- Partition disputes. Division of jointly owned or ancestral property among co-owners or heirs, including where one party resists partition or occupies more than their share.
- Landlord-tenant and eviction disputes. Non-payment of rent, unauthorised subletting, and eviction proceedings against tenants who refuse to vacate after notice.
- Specific performance claims. Disputes where a seller refuses to complete a sale after accepting part or full payment under an agreement to sell.
- Property fraud. Forged power of attorney, fabricated title documents, or fraudulent sale or mortgage of property without the true owner’s knowledge.
- Insolvency-linked homebuyer claims. Homebuyers acting as financial creditors before the NCLT where a developer has entered corporate insolvency resolution.
Frequently Asked Questions
Property & Real Estate Disputes
It depends on the goal. RERA is tailored to real-estate regulation and developer accountability; the consumer commissions address deficiency in service and can award compensation; and the NCLT, under the IBC, is used where homebuyers act as financial creditors against a defaulting developer. We advise on the best route, or combination, for your situation.
Often yes. Depending on the facts and forum, homebuyers may seek refunds with interest, compensation, or possession with delay-related relief. The right strategy depends on the project’s status and the developer’s financial position.
A complaint is filed before the Real Estate Regulatory Authority of the state where the project is registered, setting out the specific breach, such as delayed possession or deviation from the sanctioned plan, along with supporting documents like the allotment letter, payment receipts and the builder-buyer agreement. We help clients prepare and file complaints that are properly evidenced from the outset, since a weak initial filing can slow the entire process down
Generally yes, through the eviction process applicable in the relevant state, which typically requires proper notice and, if the tenant does not vacate voluntarily, an eviction proceeding before the appropriate forum. Self-help eviction without following the legal process can expose a landlord to liability, so we advise clients on the correct route before taking any action.
Depending on how quickly the fraud is discovered, remedies can include seeking an injunction to halt any pending transaction, filing a criminal complaint, and pursuing civil proceedings to declare the fraudulent document void and restore the rightful owner’s title. Acting quickly materially improves the chances of preventing the property from changing hands further.