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The location of your property is one of the main considerations in deciding which court you should approach to file a suit about immovable property(( Under Section 16 of the Civil Procedure Code, suits for various disputes relating to immovable property must be instituted in the Court within the local limits of whose jurisdiction the property is situated)). The court must have jurisdiction over the place where the disputed property is situated. If a property is located across jurisdictional boundaries of more than one court, the suit can be filed in any of those courts(( Section 17 of the Civil Procedure Code)). Please consult a lawyer before taking such steps.
Besides approaching courts, disputes can be settled with the help of Lok Adalats. This is an alternate dispute resolution mechanism recognized under the Legal Services Authorities Act, 1987.
Lok Adalats are a forum where disputes/cases pending in the court of law or at pre-litigation stage, like land and property disputes, are settled/ compromised amicably. The decision of the Lok Adalat is final and binding; there is no provision for appeal. However, if the party is unsatisfied with the award, they can initiate the litigation process.
Mehjabin Sheikh
August 18, 2023
I brought one property in Mumbai and I paid all the amount and that owner is not giving me possession so what should I do now.
Alka Manral
September 3, 2024
You can file a civil suit for specific performance under Section 55 of the Indian Contract Act, 1872 and Section 10 of the Specific Relief Act, 1963 to force the seller to deliver the property if you have paid the full price for a property in Mumbai and they are refusing to give it to you. In addition, if there is proof of fraudulent purpose, you can submit a criminal complaint under Section 420 of the IPC for cheating and Section 405 of the IPC for criminal breach of trust. You can lawfully challenge the seller’s refusal to give up possession after full payment under Section 55(4)(b) of the Transfer of Property Act, 1882.