legal advice

Non-Resident Indians (NRIs) are often victims of the property encroachment since they are living overseas with limited ability to manage their properties in India.

The land belonging to NRIs become an easy target for encroachment because the wrong-doers know that the person is not supervising their properties and are also aware of the fact that it gets difficult for the owners to fight a legal battle.

There are various legal issues that NRIs face concerning the properties in India, which are as follows:

Title Search of the property person having a good title of a property in India refers to the fact that the concerned person is entitled to enjoy the rights of interests in that property. A clear title of the property must always be supported by authentic documents which protect one’s property against any interruption by any third party. Since the NRIs are living away from their ancestral properties, therefore it is always advisable to execute valid registered documents concerning the properties. NRIs should also need to have clarity as to the ownership status of the properties, exact location, person in the possession, latest development or regional plan and the current valuations.

Transfer of property

The transfer of property means that the ownership of a property is moved from one person to another person. When the person from whom the property is to be transferred is alive and is willing to transfer the ownership rights during his lifetime, the transfer can take place by way of Gift Deed, Transfer Deed, Relinquishment Deed or Sale Deed, etc. Whereas, in case the person from whom the property is to be transferred is deceased, then in that case also there are two instances:

• Natural succession: If a person dies intestate, i.e. without leaving a Will, his immovable assets get devolved upon all the class 1 legal heirs based on natural succession.

• On the basis of Will: In case a person dies and had made a Will for the distribution of his/her assets, the property is distributed as per the distribution set out in the written Will.

It is always recommended to get the instruments of transfer such as Gift Deed, Transfer Deed, Relinquishment Deed or Sale Deed, etc., registered with the appropriate Government authority for it to become final and enforceable. The process of registration also involves payment of specific stamp duty and other registration costs. Once the registration is complete, after that the mutation of the property can be applied for. Consulting a litigation lawyer is a good remedy so that the process is fool proof.

Partition of ancestral property

Partitioning a property means dividing a property held by co-owners also known as joint owners, into individual portions, so that they may hold their respective shares which is independent of each other. There can be the following ways by which partition can be obtained: -

• Partition deed: It is a legal document which divides property between the co-owners of the property and segregates their shares making them rightful and absolute owners of their respective shares resulting into a legal division of the property. Registration of the partition deed is advised, and further, it must be unambiguously executed on the stamp paper.

• Family settlement: This refers to a situation where all members of a family are in agreement with each other regarding the shares of each member and are able to effectively conclude shares following negotiations.

• Partition suit: When a party claims rights over a property against the co-owners and files a case in the court due to a property dispute issue that arose in the family, then it is called a Partition Suit.
Landlord and Tenants Dispute

Another type of dispute which NRIs face is the landlord-tenant dispute. Most of the times, the NRIs leave the properties under the tenant’s care and do not return to check on it for long durations, and the tenants take advantage of the situation. Resultantly, the tenants often do not pay the lease, also at times refuse to leave the property despite the expiry of the contract. Therefore, it is recommended that a Rent agreement should be in place, which is appropriately defined and signed by both the parties. One can opt for Leave and License Agreement so that it is for a short duration. In the scenario, the tenant is not complying to the legal notice; the landlord has the provision to approach the rent courts. The contract should be renewed by a litigation lawyer as per the agreement, and payments should be kept up-to-date.

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Delay in the possession of Flats and how a litigation lawyer can assist

Under the developer claims, the handing over of most of the properties are delayed due to the delays in authoritative compliance such as Intimation of disapproval, sanction letters, occupation certificate, construction certificate, and no objections certificates of sewerage, water, etc. and inadequate funds.

The developers also commit fraud with the innocent buyers by selling a single unit or a flat to multiple buyers to increase funds at a construction stage, or the developers provide documents which do not concern to the property. Disputes between property buyers and developers/builders lead to criminal complaints and civil disputes. It is suggested to conduct a proper investigation before investing any money in the projects by the developers.

A civil litigation lawyer can be of assistance for proper legal advice in matters of property disputes. Our top legal management firm helps their NRI clients in resolving their property disputes in regard to their property in India. Travelling frequently to India is not a possibility for the NRIs, so we help them in the management of their property in India. Free legal consultation to our NRI clients is part of our comprehensive suite of services.

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