NRI Property Disputes in India
Our friendly team consists of highly experienced professionals who provide advice and representation on NRI Indian Legal matters. Use our online contact form for a free assessment of your case today.
Indian Property Legal Disputes
As a non-resident Indian managing your Indian property from the UK can be a complicated and time-consuming process. Nonetheless, to secure your Indian property, we advise you to be more proactive in your approach, and this includes seeking clear and concise advice from Indian-based lawyers and/or appointing a caretaker in your absence. Whereas attending to the matter in person would require you to make frequent trips to and from India, which is expensive and impractical.
Unfortunately, Indian property disputes are a common occurrence. It is important to address a property dispute issue at the earliest opportunity. An Indian lawyer who is experienced in such matters will completely clarify the different aspects of relevant law including the legal framework. Seeking help from an experienced Indian lawyer can help avoid significant costly mistakes.
NRI Property Dispute Examples
Property disputes are common in India and these legal situations arise amongst all types of Indian families, whether humble or wealthy. Indian laws pertaining to property disputes are complex and first and foremost, it is important to understand your rights and obligations under such laws. Whatever rights and remedies that may be available will depend on the circumstances of your property. To aid in your understanding, we have listed some common examples of NRI Indian property disputes:
- Disputes in claims from the legal heirs or joint owners;
- Disputes over easement rights;
- Illegal possession or occupation of the property by a friend, relative, or a builder;
- A family member challenging a registered Will in the court;
- False documentation or misrepresentation by a seller;
- Misuse of an NRI’s power of attorney to fraudulently carry out transactions
- Disputes over partition or family settlement
- Individual impersonating the owner of an NRI property to carry out transactions.
Despite the complexity, legal situations as described above can be legally challenged and the rightful owner’s legal rights can be restored.
How to avoid a property dispute in India?
The starting point to avoid a property dispute would be to know your rights and responsibilities under Indian Law. It is important to understand the applicable laws and how they apply to you. Being outside of India, NRIs are vulnerable to property fraud as they leave their properties unattended for long periods of time. A few measures that you can take to avoid Property disputes in India are:
- Ensure that the property is transferred in your name in the correct manner and not in the name of the people who are deceased.
- If your property is unoccupied, employ a guard or a caretaker to upkeep your property and avoid illegal possession.
- If your property is being rented then employ a suitable and qualified representative who can manage the property.
- If you are selling your property, ensure that you understand the entire process so that you know what to expect.
- Fully read and understand the legal paperwork you sign, this includes tenancy agreements, license agreements, a general power of attorney or special power of attorney, etc.
How to resolve an NRI Indian property dispute?
The best option to try and resolve an NRI Indian dispute would be to settle amicably so that all parties are satisfied, however, this option only applies in family situations. Where the legal rights of an NRI have been violated or infringed upon, there may be no other alternative other than pursuing your legal rights under law through civil litigation. The Indian courts provide substantial support to NRIs who have been deprived of their rights and the same can be pursued from the UK.
How long does it take to resolve an NRI Indian Property Dispute?
The length of time it tends to take to reach a resolution will depend on the circumstances on a case to case basis. Factors such as the nature and complexity of the case, the number of parties involved, the extent of legal action required and so on.
How Whytecroft Ford can help with your NRI Indian Property Dispute?
Our experienced team offers professional legal advice in relation to NRI Property Disputes. We also offer representation in certain select areas of India. To find out more, contact our team on 02087575751 or use our online form and a member of our team will get in touch with you.
- Civil Litigation in India
- NRI’s inheriting property in India
- Transfer of property in India
- Sell property in India
- Power of Attorney Service
We can also assist with the following NRI Services in London:
- Illegal occupation of property in India
- Family Settlements and partition of NRI Indian property
- Ancestral real estate and inheritance advisory under Indian law
- NRI Property Transfer
- Possession of NRI Property
- Recovery of NRI money under Indian Law
- NRI Succession Certificate in India
- Injunction against alienation of NRI property in India
- Developer Claims under the Consumer Protection Act in India
- NRI property disputes
- Visas to India
- Overseas Citizenship of India (OCI)
- Inter-Country Adoption
- Divorce proceedings under Indian Law for parties settled abroad
If you have any questions regarding any of our services, feel to reach out to our team.