Property Disputes in Vadodara | Title, Partition, Possession

Court

Handled by Advocate N. J. Parmar, B.A., LL.B., more than thirty-five years at the Bar. Court practice and notaryship run together: under section 3 of the Notaries Act, 1952 read with Rule 3 of the Notaries Rules, 1956, notaries are appointed from among advocates of long standing, and the application is routed through the court where the advocate practises.

What we see most

Partition between co-owners or co-heirs who cannot agree — the court can order division, or sale and division of proceeds where physical division is impractical
Title and possession — establishing ownership and recovering possession
Agreements to sell that went wrong — specific performance, or recovery of earnest money
Encroachment and boundary disputes, including where the measured area differs from the recorded area
Challenges to mutation entries in the revenue record
Disputes arising from defective or unregistered documents — which is a large share of the whole
Society and apartment disputes — transfers, share certificates, common areas

The two documents that generate the most litigation here.

The unregistered banakhat where possession passed. Section 17(1A) of the Registration Act, 1908 means it has no effect under section 53A of the Transfer of Property Act — so the buyer in possession, who believes he is protected, is not. And the GPA sale. Since Suraj Lamp (2011), a general power of attorney conveys no title. Both problems are cheap to avoid and expensive to litigate.

Before it becomes a dispute

A great many of these matters were avoidable at the documentation stage — a title search before the earnest money, every heir joined as a party, a mutation carried through after registration, a boundary described as the record describes it. If you are about to transact rather than already in difficulty, that is the cheaper conversation to have. Title verification →

Some matters should not be filed.

Where a claim is time-barred, where the document relied on was never registered and therefore cannot be received in evidence of the transaction under section 49 of the Registration Act, 1908, or where the realistic recovery is less than the cost of recovering it — you will be told at the first meeting, not after money has been spent. A settlement reached quickly is very often worth more than a decree obtained slowly.

What to bring

Every document you have, including the unhelpful ones
Photo ID
A dated account of what has happened
Any notice or court paper already received or sent
Title documents and the full chain of title
7/12 and 8-A extract, or the property card
Mutation entries
Details of every person with a claim

Civil Suitsદીવાની દાવા

Property Document Verification

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Banakhat Satakhat

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Revenue Mattersમહેસૂલી કામકાજ

Common questions

The revenue record still shows my late father's name. Is that a dispute?

Not necessarily — it may simply be a varsai mutation that was never done, which is an administrative process rather than litigation. Bring the papers; it is worth establishing which it is before treating it as a fight.

Somebody has encroached on my land. What is the first step?

Establishing the boundary as the record describes it, and documenting the encroachment with dates and photographs. Where construction is in progress, interim relief may be available and has to be sought quickly — every week of delay weakens the application.

I bought on a power of attorney and now the seller's family is disputing it.

Bring everything, urgently. Since Suraj Lamp (2011) a GPA transaction conveys no title, so the question becomes what else you have — an agreement to sell, payments made, possession taken — and what remedies those support. This is not a matter to sit on.

Property & Title Disputes