Civil and Property Lawyer in Delhi
Civil and Property Lawyer in Delhi
Latest news April 11, 2018 720
When it comes to civil and property cases, it gets necessary to hire a lawyer that is not only talented but has a high chance of winning the case that he has taken up. Be it a small family dispute or something as big as a violation of your property rights, it is necessary to get in touch with the best property lawyers in Delhi, who can promise to get you justice.
Civil cases concern conflicts between individuals or establishments such as business associations arising out of an injury caused which is not criminal in nature but might cause damage, monetary loss, mental agony, infringement of legal right,pain & suffering, embarrassment to the aggrieved person or organisation, which can be easily compensated in monetary terms. The relief prayed for in civil cases can be assessed in terms of money. Under Civil Procedure Code, suits of civil nature can be brought in civil courts as far as jurisdiction of civil courts over such suits is not barred either expressly or impliedly by virtue of Section 9 of Civil Procedure Code. A civil case begins when the Plaintiff (aggrieved individual or organisation) claims to have been injured by the action or inaction of the Defendant (offending individual or organisation) and by this means prays for relief in the court by instituting a suit.
Legal Property Advocates With the rise of migrants in Delhi there has been a drastic increase in the number of cases wherein illegal possession of property has been done. In such a situation it gets crucial to be in contact with some of the best property advocates in Delhi who not only assure that you get your property back but also ensure that the criminals are punished for their crime. Most commonly occurring property disputes in India are Illegal Possession of Property, Title Disputes, Rental Disputes e.g. most commonly Landlords and tenants disputes, Disputes between buyers and developers, disputes between borrowers and banks, Land Use disputes etc and Property Lawyers in Delhi are the ones who can help you out.
ISSUES COVERED UNDER CIVIL LAW: Civil courts handle a wide variety of cases involving numerous legal issues. Very broadly, civil cases may involve such things as, for example:
Breach of Contract: Irrespective of whether terms of a contract are oral or written, if there’s a failure on the part of a party to oblige according to such terms without any legitimate legal excuse, there’s a clear case of breach of contract provided that such terms shouldn’t be contrary to laws of the land, public policy, derogatory to any law or authority and immoral, etc. Any departure from the terms of the contract amounts to breach of contract for which an offending party can be held accountable.
Tort Claims:A ‘tort’ means acivil wrong or wrongful act other than a breach of contract, which results in injury to a person, property, reputation, or the like, for which the injured party may bring a civil suit to seek compensation for damages is entitled to compensation. Instances for such cases involve claims for personal injury, battery, negligence, public nuisance, defamation, medical negligence, and many other examples.
Equitable Claims/Injunction:A Plaintiff who seeks equitable relief in the court is, in short, asking the court for an injunction i.e. a court order compelling a party to do or refrain from doing a specified act. Such orders are passed in order to prevent any future injury. Equitable Claim unlike Legal Claim does not ask for monetary damages as money damages is not a satisfactory solution. However, in many cases, a plaintiff who suffers a loss may choose to file a hybrid case involving both legal and equitable claims.
Landlord-Tenant Issues:Disputes arising between landlords and tenants are handled by Civil Courts. C ases where a landlord is trying to evict a tenant from a rental property or where a tenant is not paying rent, where a landlord isn’t maintaining the rentalproperty or a tenant has moved out and is suing a landlord for the return of a security deposit are some examples of Landlord-Tenant disputes which are handled by the civil courts. However, it is always advised to seek advice ofExperienced Civil Lawyers in such matters.
Property Disputes: The most common and widened area of litigation today is related to property disputes. Some common disputes occur where an unauthorized person enjoys the property without having a title to the same, illegal transfer of the property where there is no title to it, disputes involving claim for partition and possession of property, trespass, conversion, division and succession to intestate’s (person who dies without a will) property. Property disputes generally demand a lot of time, energy and patience until its final determination because of the intricately mingled facts and interests involved. However, Experienced Top Property Lawyers always advise to attempt to settle the matter amicably out of the court. Many Experienced property advocates in Delhi recommend that in cases involving stakes of close family members, it is always correct to determine the rights and obligations of every party out of the court as in many cases, due to the matter remaining lingering in court, many estranged family members turn absolute rivals and this in turn causes yet more delay in the determination of their rights & obligations.