Disputes and public law
Disputes over ownership, the validity of title documents, obligations under property transactions and construction partnership agreements engage land registration rules and records as well as contract law. In these cases, a careful review of the documents and a correct reading of the nature of the claim determine the competent forum and the relief to seek. Ghazaal Majdzadeh Legal Practice in Tehran advises and acts in complex real estate and registration disputes.
Services
Conflicting title documents and disputes over ownership and the validity of records.
The legal and contractual grounds for terminating or invalidating transactions.
Claims arising from transfer obligations and other contractual undertakings.
Drafting and reviewing agreements and resolving disputes between owner, developer and investor.
Challenges to registration steps, enforceable deeds, collateral and auctions.
Title documents, related contracts, registration records, correspondence, permits and documents on each party’s obligations should be reviewed together.
How we work
Title, contracts and registration history.
The relief sought and the competent forum.
Negotiation, formal notice, registry steps or litigation.
Pursued to judgment and enforcement.
Whether such a claim can be brought depends on the validity of the agreement, the property’s registration status, the parties’ obligations and the applicable rules. Given the laws on formal registration of real estate transactions and their transitional provisions, the date and type of transaction must also be checked.
Annulling a transaction concerns the legal validity of the transaction itself, while annulling a formal deed concerns the validity of the deed and its effects on the register. In some cases, related claims may need to be brought together to achieve the intended result.
Where the legal conditions are met, it may be possible to compel performance and the execution of a formal deed. Before acting, the agreement, the ownership position, any registration restrictions and the buyer’s own obligations should be reviewed.
Liability for delay depends on the contract, the schedule, the owner’s and developer’s obligations and the real cause of the delay. Permits, correspondence, site minutes and technical reports can all be decisive in assessing breach and loss.
Where there is a legal defect, an objection may be possible through the prescribed route. The competent body and the procedure depend on the type of document, the stage of enforcement and the nature of the objection.
Ownership, registration history and restrictions, any mortgage or attachment, permitted use and the relevant permits all matter. For commercial and industrial property, operating agreements, third-party rights and obligations tied to the use of the property also need attention.
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This page is general information, not legal advice. The answer in any particular matter depends on its own documents and circumstances.