What are the most common title disputes?

Title disputes arise when there is a conflict over the legal ownership or rights related to a piece of land or property. These disputes typically originate from defective documentation, overlapping claims, succession issues, fraudulent transfers, or government interventions.

1. Multiple or Conflicting Sale Deeds

• Occurs when a property is sold to more than one buyer using different sale deeds.
  
• May involve fraudulent registration, misuse of Power of Attorney (POA), or sale by someone impersonating the rightful owner.
  
• Leads to legal cases to determine which sale is valid under the law.
  

2. Unclear Chain of Title or Missing Links

• Happens when the sequence of ownership transfers is broken or incomplete.
  
• Prior deeds may be missing, unregistered, or improperly executed, causing a gap in legal succession.
  
• This creates ambiguity in identifying the rightful owner.
  

3. Ownership by Heirs or Legal Representatives

• Arises in cases of ancestral or inherited property, where:
  
  • All legal heirs have not been included in the partition.
    
  • One heir sells without obtaining NOCs from co-heirs.
    
• Results in litigation from family members or claimants challenging the sale.
  

4. Forgery and Fabrication of Documents

• Title disputes may occur when:
  
  • Fake documents are used to claim ownership.
    
  • Signatures are forged on sale deeds or POAs.
    
  • Unregistered agreements are manipulated to assert rights.
    
• Criminal action may be pursued along with civil litigation.
  

5. Disputed Power of Attorney (POA) Sales

• Common in urban and semi-urban areas, where POAs are used to execute sales.
  
• Disputes arise when:
  
  • POA is revoked, expired, or not registered.
    
  • The POA holder acts beyond their authorized scope.
    
• Buyer’s title is challenged by the original owner or third parties.
  

6. Government or Public Land Encroachment

• Involves sale of land that is not privately owned, such as:
  
  • Assigned government land
    
  • Reserved forest or common land
    
• Government or civic authorities may reclaim the land, challenging private claims.
  

7. Boundary and Survey Disputes

• Disagreements over plot dimensions, boundaries, or encroachments.
  
• Occur due to:
  
  • Inaccurate land surveys
    
  • Mismatched coordinates in deeds vs actual possession
    
• Can result in partial cancellation or rectification of ownership.
  

8. Leasehold vs. Freehold Conflicts

• Happens when a buyer purchases land without understanding the tenure (leasehold/freehold).
  
• The seller may not have rights to transfer full ownership, leading to disputes over possessory rights and renewal terms.
  

9. Agricultural Tenancy and Occupant Claims

• In rural contexts, disputes emerge when:
  
  • Tenants or cultivators claim occupancy rights
    
  • Seller fails to disclose ongoing land tenancy or crop-sharing agreements
    
• Some jurisdictions offer legal protection to tenants, complicating clear sale.
  

10. Court Attachments or Insolvency Proceedings

• When land is attached by court order due to litigation, debt recovery, or insolvency of the seller.
  
• A buyer may unknowingly purchase land already under a legal restraint or moratorium, leading to challenges on validity of ownership.