Disagreements and disputes have become part and parcel of human and human relations. Materialistic gains are given way more importance than emotional and moral things. Blood relations take a back seat for the sake of materilistic gains. Property, whether it is ancestral or hard earned, which used to be the binding force among siblings has turned into a shining sword always thirsty for blood.
Since ages it has been a practice in human kind to run ashore for greener pastures. Keeping pace with the trend, many Indians have opted to settle abroad and are termed as NRI (Non Resident Indians). NRIs have their ancestral properties which include farm lands, residential and commercial properties in their native places in India.
Usuaully, these properties of NRIs are either joint or given to their relatives or tenants or some third party to take care of in their absence. As usual the greed plays its part and mischievous elements do not hesitate to either seek illegal claim or have already claimed ownership of these properties of NRIs illegally which were given to them for supervision by NRIs in their absence in good faith.
The bigger issue is that this raises the issue of legitimacy of claim of NRIs on their properties in India. The land records maintained by the government are usually in vernacular language which further creates enough confusion for NRIs and their wards to understand the nitty gritty.
The cases of property disputes are on the contniuous rise in India, especially in states where the land rates of both residential and commercial properties have sky rocketed and are steadily increasing with passage of time.
Wars over wealth are witnessed for decades amongst all, from the low-level household income groups to ultra-rich families. Even the legally protected ones are not under the covered shell and at times also been attacked and challenged by mischievous elements with ulterior motives.
These disputes consume a lot of time and cost, which cause loss and tremendous agony. Additionally, disputes may also cause non-use or limited enjoyment by the real owner specifically in case of NRIs of the property for a considerable long period of time until the issue is resolved.
The obvious solution for NRIs who are owners of the property is to take up the matter before court of law and seek redressal. On the other hand, courts are fully loaded with matters of such property disputes and therefore, unable to provide relief as expeditious as is required.
A strive to win at any cost in property disputes by the rich in the real estate market as a matter of ego, standard, respect and dominance, continues which causes immense harm and loss to NRIs entitled to the rights over their property. In many cases, NRIs are forced to sell their properties at throw away prices or even abandon their right on properties.
An amicable settlement or a prompt resolution by the arbitration dispute resolution system has worked well in many cases to an extent, however, it is possible if & only if the case is represented well by Legal experts to lead the arbitration and out of court settlement to resolve the issues where stakes involved are pretty high and level of greed involved is mountain-top.
The most important factor which plays a vital role in resolution of property disputes of NRIs is an expert Legal Agency which can provide them appropriate legal advice and solutions to reach to a fruitful conclusion in their legal matter.
We, at RK Legal Advisors, have a specialized team of property expert lawyers who have been assiting our NRI clients in handling property matters and disputes.
Our objective is to ensure that our NRI clients get their rightful due on their property, whether through route of Arbitration or out of court negotiations for an amicable solution and if need be we follow route of agressive representation in the court of law.