It is difficult for a non-resident to manage Indian property from a foreign country. The procedure itself might be difficult and time-consuming. In order to protect the NRIs’ properties in India, it is also advisable to take proactive measures, such as hiring an in-country caretaker to look after the property while the NRIs are away and getting legal counsel. It might not be viable for NRIs to frequently travel to India from their home country if there are any property problems. Also, it will be costly and impractical to proceed with the journey expenses.
Regrettably, there are many property issues now in India. Hence, it is crucial to resolve the property issue as soon as is practical. In-depth explanations of several facets of particular Indian law, including the legal framework pertaining to land disputes in India, will be provided by Indian attorneys with years of experience in these cases. Also, consulting a qualified and knowledgeable attorney can enable the NRI to limit expenses and prevent further disputes.
- The owners of an NRI must protect their property.
- NRIs experience encroachments and unlawful occupants of their property because they are physically absent and remote from their nation of birth.
- To guarantee that the aforementioned property is secure and doesn’t draw trespassers or suffer from forced occupancy, legal remedies are possible.
- The documentation for real estate should be checked and updated frequently.
- For a swift and legal settlement to any disputes, property lawyers should be engaged.
What are the Issues Faced by NRI to Handle Properties/ lands in India?
Being an NRI has a number of drawbacks, one of which is that you cannot live in India. For an NRI, this drawback solely has an emotional impact. NRIs have experienced a variety of land problems in India over the years, including tenant conflicts, illegal occupation, and illegal property sales, to name a few. In addition, dealing with the ownership of the land or property title, registration requirements, etc., can be problematic for NRIs. NRIs may become perplexed in such situations and seek suitable legal counsel in order to quickly and painlessly resolve the aforementioned problems.
Moreover, NRIs require an excellent property management lawyer to deal with land disputes efficiently and feasibly. Property management attorneys are tasked with pursuing cases pertaining to property or land dispute matters and helping their clients promptly and easily resolve land disputes.
What are the issues NRIs face while investing in Land in India?
For an NRI, investing in real estate has shown to be very profitable. For NRIs, purchasing real estate offers numerous benefits, especially when purchasing land. Unfortunately, the majority of NRIs are either unaware of or have never addressed the problems associated with such investments. For instance, it may be difficult for an NRI to be aware of their local legal rights, to locate the appropriate advice or information for the land they wish to invest in, to analyse shifting market trends, etc.
While investing in lands in India can provide a number of difficulties and problems for NRIs, some of the most common ones are listed below;
- issues involving unauthorised use of the land
- In investing in lands in India, NRIs were unaware of their local legal rights.
- Records Kept by Real Estate Brokers or Builders
- Verification procedure delay
- difficulty in acquiring competent legal counsel
What are some examples of NRI Land Disputes in India?
Property or land disputes in India are very common these days, and Legal issues of this nature arise frequently in NRI families of all stripes. It should be emphasised that the Indian legal system is complicated when it comes to land disputes. It’s critical to understand your legal options in property/land disputes under Indian law. The situation of an NRI’s property or land largely determines the remedies and rights that are available under Indian property law. Some common instances of land conflicts that an NRI could encounter in India include the following:
- Claim disagreements between co-owners and legal heirs
- Issues involving easement rights
- illegal use or possession of land by a family member or acquaintance
- A Registered Will is being contested in court by a family member.
- Deception on the part of the land seller
- Abuse of the NRI’s power of attorney to commit fraud through the land seller’s provision of false papers
- Conflict over a family settlement or the division of property Anyone can pose as NRIs to conduct trades.
Notwithstanding all of the aforementioned legal circumstances and difficulties, these problems can still be legally contested in court. As a result, the legitimate ownership rights may be regained or reinstated.
How to avoid property or land disputes in India?
As was already noted, it is obvious that property disputes and understanding one’s legal rights in relation to land or property in India are complicated issues. It is crucial to comprehend the legal requirements of Indian property laws and their relevance. NRIs are typically more susceptible to land or property frauds because they do not reside in India. Also, their properties go for long stretches without a carer. An NRI can take the following actions to prevent land or property issues in India:
- Make sure the land or property is properly transferred in the NRI’s name and not the name of another person, particularly the name of a deceased or deceased person.
- A caretaker or guard should be appointed if the land is vacant in order to take care of it and prevent any illegal trespassing by criminals.
- It is preferable to appoint a qualified and suitable representative who can handle the property properly if the land is offered to someone to rent for farming or any other activity.
- If the NRI wishes to sell the land, be sure to familiarise yourself with the entire procedure and consider what to expect.
How to resolve an NRI Indian property/ land dispute?
One of the easiest options to resolve an NRI land dispute is to settle the dispute amicably so that both the parties involved are satisfied. The aforementioned alternative, therefore, is only valid in cases of family situations. Let’s say the NRI’s legal rights have been trampled upon or mistreated. There may be circumstances in which there is no other option or substitution other than exercising legal rights under the civil lawsuit rules. In such situations, the Indian courts typically offer NRIs who are having difficulties understanding their legal rights appropriate support so that they can pursue their legal rights from any other country.
How much time does to resolve an NRI Land/Property Dispute take?
The precise time or amount needed to settle a land dispute relies on the circumstances and might vary from case to case. The nature of the case, its intricacies, the parties involved, and the extent to which legal proceedings are necessary, to name a few, are some of the elements considered when defining the precise time period. As a result, it is challenging to estimate or specify a timeline for NRIs involved in land disputes in India.
The role of a Property Management Lawyer in tackling a land dispute in India for NRIs
When it comes to helping NRIs with issues over land and property, a property management lawyer is both important and dominant. One of a property management lawyer’s primary responsibilities is to handle issues until they are settled in the NRI client’s favour, keep track of the necessary legal procedures, and maintain the legal records of the NRI client’s land. In addition, a property management lawyer can handle all land and property disputes for an NRI client in a variety of ways.
Some of the important areas that a property management lawyer handles are listed below;
- finding the necessary tenant for the property and coordinating with such potential tenants or customers as necessary
- On behalf of the NRI who owns the land, keep records of grievances, rent collection, eviction-related issues, etc.
- Tenants and landlords are able to communicate easily.
- Keep up with important land and property transactions.
- resolving the local property-related problems.
- handling intricate legal issues like trespassing, invasion, and torts
- assisting NRIs with document registration
- creating the deeds, filing them as needed, and drafting them.
- if necessary, negotiating and resolving the property issue on behalf of his NRI customer
- The NRIs will be represented by attorneys if needed in court
According to the research above, it is difficult for an NRI to maintain and care for the homes or lands they own in India without being familiar with the country’s local property laws. So, it is advised that an NRI choose a dependable caretaker who can take care of his property while he is away. But these days, nobody can be trusted—not even your friends and family—because they can use the fact that the property’s true legal owner lives abroad to their advantage and buy it through a variety of dishonest tactics. An NRI should therefore appoint a qualified and experienced property management attorney who can handle all legal matters pertaining to the NRI’s land and property.
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