Land & Property Disputes
One of the major issues being faced by the NRI community is on account of property disputes pertaining to their properties in India. Most of the NRIs own a piece of property in India. The NRIs become owners of these properties by virtue of inheritance, joint ownership with their relatives and lastly because of the fact that NRIs tend to invest in some kind of property in India so as to remain connected to their roots in India as these NRIs have intention to come back to India at some point of time in future.
Though the NRIs have their properties in India, yet, the fact that they are not physically present in India to look-after these properties, open up a plethora of legal disputes pertaining to these properties. There are various types of disputes which can be attributed to these properties and are mentioned herein below:
Illegal and unauthorized sale/transfer of property
Since the NRIs are not physically present in India and since they tend to give authority/Power of attorney to their acquaintances/relatives. These acquaintances/relatives often tend to misuse their authority/Power of attorney and enter into the deals for sale/transfer of the properties without the consent or the knowledge of the NRIs. In such like situation, our team of lawyers is fully competent to initiate appropriate proceedings (criminal as well as civil) to get such illegal and unauthorized sale/transfer of properties set aside.
Illegal possession of the property
The absence of NRIs in India to manage their land/properties often result in unscrupulous elements taking illegal possession of their properties. Once these unscrupulous elements take possession of the properties, it is a tedious task for NRIs to get back the possession of their properties from these elements.
Our team of lawyers are fully competent and well versed with the law to get such properties of our NRI clients from illegal possession of the unscrupulous by initiating appropriate civil and criminal proceedings in competent court of law.
Encroachment of properties, land grabbing and creating of fake land records in Government records
As explained previously, because of the fact that the NRIs are not physically present in India, there are people, who illegally encroach upon the properties and grab the properties by creating fictitious/fake documents purportedly having been executed by the NRIs. The people of land grabbing mafia are on the look-out for such properties belonging to the NRIs, which are unattended and there is no one to look after them. These land grabbing mafia then create fictitious/fake documents and grab the properties of the gullible NRIs.
Our team of lawyers are fully equipped and well versed with the law to deal with such land grabbing mafia and get the properties of our NRI clients free from all sorts of encroachment and possession of land grabbing mafia.
The concept of adverse possession legalizes the possession and occupation of a trespasser or a care-taker over the property, if he claims to be in continuous uninterrupted hostile possession of the property of NRI for over 12 years and within the knowledge of NRI.
NRIs are prone to losing their properties in India by adverse possession as they are unable to visit India frequently to look after and maintain their properties.
Our team of lawyers are fully competent and well versed with the law to provide a comprehensive advisory to our NRI clients so that our NRI clients do not lose their properties to the doctrine of adverse possession. We also provide comprehensive consultations to NRIs to ascertain as to whether a certain possession would amount to adverse possession or not.
Dispute between two co-owners:
In a majority of the cases, the NRIs become owners of properties in India as a result of inheritance of the same from their fore-fathers. In this eventuality, the NRIs are normally co-owners of the properties, in which the other co-owners are the residents of India. These other co-owners tend to deny the rights of NRIs in these co-owned properties resulting in a dispute between the NRIs and their Indian co-owners.
Our team of lawyers are fully competent to advise the NRIs as to the steps to be taken to ensure that they are able to enjoy the fruits of their properties in India. We have a fully competent team of lawyers who assist are NRI clients to take appropriate remedies for partition of these properties and for getting them registered in their individual names.
Most of the NRIs, who have their properties in India tend to give the same on lease/rent so as to ensure the up-keep of the properties. But since the NRIs are not physically present in India, these tenants/lessees tend to misuse their absence and harass the NRIs.
We have fully competent team of lawyers to ensure our NRI clients to get such properties evicted from such tenants/lessees.
The above mentioned disputes are some of the disputes pertaining to the properties of NRIs in India. Handling of the property matters and disputes is not easy for the NRIs due to their absence in India. To manage the various issues arising out of their properties in India, NRIs need the assistance of a credible and ethical legal firm in India. We at R.K. Legal Advisors are fully capable and competent to assist the NRIs in all legal matters pertaining to their properties in India.