The remedy depends on the dispute. A civil court can declare title, grant an injunction, order recovery of possession, enforce an agreement to sell, or divide jointly owned property. Land record issues may go to revenue authorities, and disputes with developers over registered projects can go to the Real Estate Regulatory Authority.
Civil court remedies
- Declaration of title or rights
- Permanent and temporary injunctions to restrain interference
- Recovery of possession
- Specific performance of an agreement to sell
- Partition of joint property
- Cancellation of a document obtained by fraud
Revenue proceedings
In Gujarat, land records such as the 7/12 extract and mutation entries are maintained by revenue authorities under the Gujarat Land Revenue Code, 1879. Disputed mutation entries can be challenged before those authorities, but revenue entries do not by themselves decide title. Title disputes are for the civil court.
Disputes with developers
Buyers in registered real estate projects can approach the Gujarat Real Estate Regulatory Authority for delay in possession, refund, interest or structural defects under the Real Estate (Regulation and Development) Act, 2016.
Act within time
The Limitation Act, 1963 prescribes time limits that differ by remedy. For example, a suit for possession based on title has a longer period than a suit for specific performance. Early advice protects your position.
Before you buy
Many disputes can be avoided by checking the chain of title, encumbrances, revenue records and approvals before purchase.
Jurisdiction
This article describes central Indian law as it generally applies in Gujarat. Procedure, forms and court practice can differ between States and between courts, and the law changes. Check the current position for your matter.