Four Tips From Property Dispute Lawyers To Avoid Family Conflicts

There are several types of property dispute. Most of the disputes pertain to the title of the immovable property. Saying that ‘a person has a good title over the property’, implies that such a person has a right to enjoy the rights or interests in the property, possession, use, income by way of rent, etc. Dispute pertaining to a property, often arise through claims from legal heirs, co-owners, disputes over easement rights, wrong representation by the seller, improper description of the property in the title deed, etc. Hence the need for the property dispute lawyers have been increasing and the need for the best lawyer for property disputes are arising for their clients to get the right title of their property.

As much as the property is deemed to be a valuable asset that everyone is seen aspiring and vying for, it’s also often the root cause of conflicting circumstances that arise amongst family members. 

People are seen battling with their kith and kin over even petty, not to mention far more crucial issues that arise as a result of faulty or flawed inheritance or marriage falling apart.

Also, before dealing in any property , reading articles from the property dispute lawyers may help you save your headache from all the conflicts that arise later.

One of the most cherished assets that majority of people aspire for is property and it takes a lot of effort besides investment of resources to acquire a piece of real estate. No matter how careful an individual may be, there may be circumstances which force them to search for property dispute lawyers. 

Below are the four essential tips from the best property lawyers to avoid family conflicts

1.Selection of the Executor of the Will

The vast majority of litigations arise between kith and kin or relations owing to inheritance. Experts are of the opinion that in most cases it’s not as much about the will that is the root cause of the problem, rather, it’s more about the way of execution of the will that may have led to the conflict in the first place. The vast majority of property owners commit the flaw or mistake of handpicking and designating an executor solely based on the fact that the person may be a prospective inheritor without any prior assessment of whether or not the chosen person fulfills the eligibility criteria of an executor of the will. While designating a designated executor, ideally, a neutral person who does not have an ax to grind from the will as such or can stake their claim; essentially a person who would be unbiased or neutral. An honest, diligent and hardworking person with integrity who would execute his or her assigned duties and responsibilities efficiently and be able to instill confidence amongst inheritors.

2.Selection of the Co-owner

Purchasing property jointly with relatives is common, and the reason for such investments are usually because of a tax rebate, e.g., less tax for female buyers. However, people must proceed with extreme caution while deciding to buy or own property jointly with any family member, especially for NRIs, because mostly they stay abroad and possession remains with the other co-owner who generally takes care of the share of the property on his behalf.

3. A No-contest Clause to be included in the Will

As already mentioned, an inheritance that isn’t well chalked-out is, in fact, the root cause of the vast majority of once closely-knit families disintegrating; siblings in particular. A well-documented will with a detailed explanation of the asset distribution amongst their siblings or next-of-kin along with the inclusion of a no-contest clause as suggested by some property dispute lawyers. The Best property lawyers ought to advise their clients properly regarding the relevant laws of the jurisdiction of their residence.

 4.Avoiding Disputes Related to Divorce Through a Prenuptial Agreement

 As a preventive measure, a prenuptial agreement prior to the marriage being solemnized is a step in the right direction towards avoiding problems related to asset distribution. There could be an agreement amongst parties as to the distribution of valuable assets owned singly or jointly by them should they get divorced. A prenuptial agreement (“prenup”) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person’s property rights will be after the marriage.

A prenuptial agreement (“prenup” for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person’s property rights will be after the marriage.

Issues requiring the engagement of property dispute lawyer can be stressful and taxing and therefore individuals must take all necessary precautions before buying or renting a piece of real estate. Engaging a legal advisor before moving ahead with such a transaction will always be helpful in avoiding any hassles in the future.