India's Real Estate Sector Struggles with 4.4 Million Inheritance Disputes, Locking Up $200 Billion
The unresolved status of inherited properties affects the real estate market, creating an artificial supply shortage and driving up property prices and rental costs.
Real EstateInheritance DisputesPropertyLegal BattlesEconomic GrowthReal Estate NewsOct 30, 2024
Inheritance disputes in India are vast and complex. Legal battles over these properties can span decades, with the average duration of a property-related court case lasting around 15 years. These prolonged disputes are more than just legal issues; they represent a significant portion of India's real estate that is effectively frozen.
Cultural and legal complexities underpin these inheritance disputes. Ancestral properties passed down through generations often result in multiple heirs contesting ownership, making clear title determination challenging. Outdated inheritance laws and the lack of effective dispute resolution mechanisms exacerbate the issue, leaving properties in a state of legal 'limbo.' This problem is especially acute in urban areas like Mumbai and Delhi, where high property values intensify legal battles.
The economic implications of these disputes are profound. India faces an urban housing shortage of approximately 18.78 million units. The properties tied up in inheritance disputes could significantly alleviate this deficit. Additionally, these unproductive assets lead to substantial fiscal losses for both local and national governments, as missed property and transactional taxes accumulate, according to Keval Valambhia, COO of CREDAI-MCHI.
The unresolved status of inherited properties also affects the real estate market, creating an artificial supply shortage. This drives up property prices and rental costs, reducing affordability and limiting access to housing.
Advocate Vinod Sampat, President of the Cooperative Societies Residents Association, highlighted the ease with which legal disputes can be created, especially in cities like Mumbai, where property values are in crores. He noted that by delaying a transaction or when a matter is in litigation, the person in possession of the immovable property often has the upper hand. For example, if a member of a society has expired and legal heirs challenge the will, the litigation can easily go on for 10 years. This creates a situation where the legal heir who is the occupant of the premises stands to gain. It is common knowledge that many times lawyers suggest settling the dispute amicably, even when the client has good prospects of winning the case.
Sampat emphasized the need for improved laws and speedy justice. However, the lack of funds often delays the rendering of justice, leading to the adage that 'justice delayed is justice denied.' Many people prefer to avoid courts and settle with a 'haircut'—a reduced claim or settlement. The issue is further compounded by the fact that prisons are often filled with undertrials, and some cases have stretched for more than 70 years.
CREDAI-MCHI, a leading organization in the real estate sector, is working towards advocating for better laws and faster dispute resolution mechanisms. The organization believes that addressing these issues is crucial for the sector's growth and the overall economic well-being of the country.
The real estate sector in India faces significant challenges due to inheritance disputes, and resolving these issues is essential not only for the sector but also for the broader economy and social well-being of the nation's urban and rural populations.
Frequently Asked Questions
How many properties in India are currently entangled in inheritance disputes?
Around 4.4 million properties in India are currently embroiled in inheritance disputes.
What is the estimated value of properties tied up in inheritance disputes in India?
The properties tied up in inheritance disputes are worth over USD 200 billion.
What are the main causes of inheritance disputes in India?
Inheritance disputes are often caused by multiple heirs contesting ownership of ancestral properties, outdated inheritance laws, and the lack of effective dispute resolution mechanisms.
What are the economic implications of unresolved inheritance disputes?
Unresolved inheritance disputes lead to a significant urban housing shortage, drive up property prices and rental costs, and result in substantial fiscal losses due to missed property and transactional taxes.
Why do legal battles over inherited properties often last for decades?
Legal battles over inherited properties can last for decades due to the complexity of cases, multiple heirs, and the lack of efficient legal systems and funding for speedy justice.
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