The short answer
Title disputes, boundary disputes and disputes between co-owners usually go to the civil court. A delayed or defective under-construction project goes first to the state RERA authority, and a buyer can also be a consumer before the consumer commission. Disputes between landlord and tenant go to the rent authority, rent controller or court named in your state's tenancy law.
Time limits apply. Under the Limitation Act, 1963, many suits about property must be filed within three years, while a suit for possession of immovable property based on title generally has twelve years. A consumer complaint must usually be filed within two years of the cause of action. If you think you have a dispute, take advice early.
Most disputes are avoidable with checks before you buy or let: the title chain, the land record, the boundaries on the ground, every co-owner's consent, the project's RERA record and a written, registered agreement.
Title disputes
A title dispute is a claim that the seller did not own what he sold, or that someone else has a better right: an heir left out of a sale, a prior sale or mortgage of the same land, a forged document, a GPA chain without a conveyance, or government or trust land sold as private.
Prevention: have a lawyer examine the chain of title over a long period (commonly 30 years for land), the encumbrance certificate for the same period, the current land record and mutation, and the approvals. Check that every person with a share — including heirs under succession law — joins the sale. Consider a public notice in newspapers inviting objections before you complete. Our property documents guide lists what to collect, and our land records guide shows where to check.
Forum: the civil court, through a suit for declaration of title, possession, cancellation of a document or injunction. Revenue authorities decide mutation entries but do not decide title, and mutation does not create title.
Boundary and encroachment disputes
Boundary disputes arise where the line on the ground does not match the survey map or the deed: a neighbour's wall built over the line, a road widened into a plot, or an empty plot occupied by someone else.
Prevention: before buying, get the plot measured and demarcated against the official survey map, with the neighbours notified; build a boundary wall promptly; and visit an empty plot regularly. Our plot buying checklist covers the steps.
Forum: for agricultural and revenue land, the first step is usually an application to the tehsildar or survey officer for demarcation under the state's land revenue law. If a neighbour disputes the result or has encroached, the remedy is a civil suit for possession and injunction. Urgent interim relief, such as an injunction against further construction, is sought from the civil court.
Co-owner, family and partition disputes
These arise between people who own a property together: siblings who inherited it, spouses, or business partners. Typical issues are one co-owner selling or letting without the others, unequal use, and disagreement about whether to sell.
The law: a co-owner can transfer only his own share, and a buyer of an undivided share does not get exclusive possession of any part until partition. Since the Hindu Succession (Amendment) Act, 2005, daughters are coparceners in a Hindu joint family with the same rights as sons; the Supreme Court confirmed in Vineeta Sharma v. Rakesh Sharma (11 August 2020) that this applies whether or not the father was alive on the date of the amendment.
Forum: a partition can be agreed and recorded in a registered partition deed or a family settlement; if not, a co-owner can file a suit for partition in the civil court. Mediation, including court-annexed mediation and Lok Adalats, often resolves family disputes faster than trial.
Prevention: when buying from co-owners, ensure every co-owner signs the sale deed; when owning jointly, record the shares and the arrangement for use, sale and expenses in writing.
Builder delay and defects
For a project registered under RERA, the state authority is the main forum. If the promoter fails to give possession by the date in the agreement, section 18 of the Act lets the allottee either withdraw and get a refund with interest and compensation, or stay in the project and receive interest for every month of delay until possession. Section 14(3) makes the promoter liable to fix defects notified within five years of possession. Complaints are filed under section 31.
A homebuyer is also a consumer under the Consumer Protection Act, 2019, and can complain of deficiency in service to the district, state or national commission. Pecuniary jurisdiction depends on the consideration paid: under the 2021 jurisdiction rules, district commissions hear complaints where it is up to ₹50 lakh, state commissions above ₹50 lakh and up to ₹2 crore, and the national commission above ₹2 crore. A complaint must be filed within two years of the cause of action, though a commission can condone delay for sufficient cause.
Insolvency proceedings against a builder are possible for homebuyers in a group meeting the Code's thresholds, but on 12 September 2025, in Mansi Brar Fernandes v. Shubha Sharma, the Supreme Court said RERA should be the primary forum for genuine homebuyers and insolvency a last resort.
Prevention: check the builder's record and the project's RERA page before booking, prefer construction-linked payments, and keep every receipt and letter. Our builder track record guide shows how.
Tenant and landlord disputes
Common issues are non-payment of rent, refusal to vacate at the end of the term, deposit refunds, repairs, and subletting. The forum depends on the state's tenancy law. Older rent control laws protect tenants of certain premises and route disputes to a rent controller. Newer laws based on the Model Tenancy Act, which the Union Cabinet approved in June 2021 for states to adopt, set up a rent authority, rent court and rent tribunal for faster decisions; Tamil Nadu's 2017 tenancy Act and Uttar Pradesh's 2021 Act are examples.
Prevention: use a written agreement with the rent, deposit, term, escalation, notice period, repair responsibilities and lock-in; register it, or report it to the rent authority where the state law requires; record the condition of the property at move-in with photographs; and pay and receive rent through the bank. Our rent agreement guides cover the clauses and process.
Do not take the law into your own hands: cutting a tenant's water or electricity or changing the locks can itself be unlawful under tenancy laws. Use the forum the law provides.
Limitation: the basics
The Limitation Act, 1963 sets the time within which a suit must be filed. A few periods that come up in property matters, stated generally: a suit for specific performance of an agreement to sell, three years from the date fixed for performance or, if none, from when the plaintiff has notice of refusal (Article 54); a suit for a declaration not covered elsewhere, three years from when the right to sue first accrues (Article 58); a suit to cancel or set aside an instrument, three years from when the plaintiff first knew the facts (Article 59); and a suit for possession of immovable property based on title, twelve years from when the defendant's possession became adverse to the plaintiff (Article 65).
Which article applies depends on what relief you seek, and courts have repeatedly had to decide that question on the facts. Do not calculate your own deadline from this list; take advice as soon as a dispute arises.
Other forums have their own limits: two years for a consumer complaint under the Consumer Protection Act, 2019, and whatever the state's tenancy or RERA rules provide.
Choosing a forum, in brief
Ownership, title, possession, partition, boundaries after demarcation, injunctions: civil court.
Mutation entries and demarcation of revenue land: revenue officers (tehsildar, survey officer), with appeals within the revenue hierarchy; title questions still go to the civil court.
Delay, refund, defects and other obligations of a promoter of a registered project: state RERA authority, and its adjudicating officer for compensation; appeals to the appellate tribunal.
Deficiency in service by a builder or service provider: consumer commission at the level that matches the consideration paid.
Landlord and tenant matters: the rent authority, rent controller or court named in your state's tenancy law.
Commercial disputes involving immovable property used exclusively in trade or commerce above the specified value: commercial courts, where pre-institution mediation is generally required before a suit unless urgent relief is sought.
Before you go to any forum
Collect your documents: deeds, agreements, receipts, letters, emails, photographs and the land record. Send a clear written notice setting out your claim and giving a reasonable time to respond; many disputes settle at this stage, and a notice is often required or expected before a suit.
Consider mediation or a Lok Adalat for family, neighbour and tenancy disputes. A settlement recorded by a Lok Adalat has the force of a decree and is not appealable.
Keep paying what you owe while you dispute what you do not — rent, maintenance, instalments — unless your lawyer advises otherwise. Stopping payment can give the other side a counter-claim.
A prevention checklist
Before buying: title chain and encumbrance certificate examined by a lawyer; land record and mutation checked; boundaries measured against the survey map; every owner and heir identified and joining the sale; approvals and, for a project, the RERA page checked; a public notice for land or an independent house.
When paying: no payment before the main terms are agreed in writing; payments through the bank to the owner's account; receipts for every payment; no cash component.
When owning: mutation completed promptly; property tax paid; boundary wall built and the property visited; co-owners' arrangement written down; will made and nominations recorded.
When letting: written and registered agreement or report to the rent authority where required; police verification of the tenant where the state requires; condition recorded at move-in; rent through the bank.
When something goes wrong: written notice early, documents gathered, advice taken before any limitation period runs.
Common questions
Where do I file a complaint against a builder for delay?
With the state RERA authority under section 31 of the RERA Act, seeking refund with interest or interest for delay under section 18. You may also approach the consumer commission. The Supreme Court has said RERA is the primary forum for genuine homebuyers.
Can the revenue office decide who owns land?
No. Revenue officers maintain records and decide mutation entries for fiscal purposes. A dispute over title goes to the civil court, and the record follows the court's decision.
How long do I have to file a property suit?
It depends on the relief sought. Many suits have three years, while a suit for possession based on title generally has twelve years from when the other side's possession became adverse. Take advice early rather than relying on a general list.
Can one co-owner sell the whole property?
No. A co-owner can transfer only his own share. A buyer should ensure every co-owner signs the sale deed.
Which consumer commission hears a homebuyer's complaint?
Under the 2021 jurisdiction rules: the district commission where the consideration paid is up to ₹50 lakh, the state commission above ₹50 lakh and up to ₹2 crore, and the national commission above ₹2 crore.
Can a landlord cut off water or change the locks to evict a tenant?
No. Tenancy laws provide procedures for eviction, and cutting essential supplies or locking out a tenant can itself be unlawful. Use the rent authority or court named in your state's law.
Sources
- Limitation Act, 1963, Schedule, Articles 54, 58, 59 and 65; Supreme Court commentary on Articles 58 and 65 (2024-25) as reported by SCC Online; checked 2 October 2026
- Consumer Protection Act, 2019, section 69 (two-year limitation); Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021, notified in December 2021 (PIB); checked 2 October 2026
- Real Estate (Regulation and Development) Act, 2016, sections 14(3), 18 and 31; Supreme Court, Mansi Brar Fernandes v. Shubha Sharma, 12 September 2025; checked 2 October 2026
- Hindu Succession (Amendment) Act, 2005; Supreme Court, Vineeta Sharma v. Rakesh Sharma, 11 August 2020; checked 2 October 2026
- Model Tenancy Act, 2021 (approved by the Union Cabinet, June 2021); Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017; Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021; checked 2 October 2026
- Commercial Courts Act, 2015, section 12A (pre-institution mediation); Legal Services Authorities Act, 1987, section 21 (Lok Adalat awards); checked 2 October 2026
Last checked 2026-10-02.