Property is an asset that everyone aspires for but it is often seen to be the root cause of conflicts between family members. People fight with their own kith and kin over issues arising because of ill-planned inheritance or marital discord. It is a worldwide problem and property dispute lawyers in India, as well as other places, are among the busiest professionals in their domain. With a little planning and forethought, many of these issues requiring the engagement of real estate dispute lawyers can be easily avoided. Let’s take a look at some valuable tips that all reputable property dispute lawyers suggest for this purpose.

1. Choose The Executor Of The Will Carefully

A large number of legal fights erupt among family members or relatives because of inherited property. Experts feel that most of the time, it is not the will which causes the problem but instead, it is the manner in which it is executed that leads to the conflict. Most property owners make the error of designating a potential inheritor as the executor without assessing whether the selected individual possesses the essential qualities required for doing the assigned job. People must preferably look for a person who does not stand to gain anything from the will as such an individual will work in an unbiased manner. Try to find an honest, diligent, laborious person with integrity who will discharge his/her duties efficiently and arouse confidence among all inheritors.

2. Be Careful In Selecting A Co-owner

Many people jointly purchase a piece of property with a relative for reasons varying from investment to tax concessions. This again is identified by real estate lawyers in India and other countries as one of the most common reasons for conflicts among family members. People must move ahead with extreme caution while deciding to buy or own a property with another person. The disputes can arise not only over the ownership rights of the asset but also over the liabilities associated with it like property tax and utility bills. Anyone desiring to co-own property with a family member must choose the partner carefully and discuss all matters like enjoyment rights and shouldering the responsibilities right at the beginning.

3. Include A No-contest Clause In The Will

As mentioned earlier, poorly-planned inheritance is the prime reason for most disputes among family members, especially siblings. People writing a will explaining the manner in which they want their assets to be divided among their children or other kin must include a no-contest clause. This move is suggested by some property dispute lawyers as it can discourage inheritors from contesting the contents of the will because if they are unsuccessful in their legal efforts, they will lose whatever was allotted to them by the owner. It is not a completely foolproof method but it can act as a deterrent against any moves by potential troublemakers. People must also get proper advice from their attorneys about the relevant laws on the tactic in the jurisdiction where they reside.

4. Prenuptial Agreements For Avoiding Disputes In Case Of Divorce

It is not only siblings who fight over real estate assets but divorced or estranged couples are also involved in a large number of property disputes. An asset owned jointly by both parties becomes the root cause of a legal battle over who will keep it after the legal separation. A good preventive measure to avoid these problems is to go for a prenuptial agreement before solemnizing the marriage. Both parties can agree upon how all valuable assets whether separately or jointly owned by them will be divided in the unfortunate event of divorce.


Real estate owners must plan for all eventualities whether framing a will for their near and dear ones or making an investment with another family member. They must engage property dispute lawyers to get valuable advice which can help them avoid such troubles.

Author's Bio: 

Amy Jones is a versatile legal expert and working in Ahlawat & Associates. best law firms in India where you can discuss with experts about your legal problems.