Considering an NRI cannot stay in India for a prolonged period whatever property or land the person owns is left untended or is given out to tenants, like houses and land holdings which are often an easy target for encroachments. Such asset is usually bought for investment purposes and is left unattended by NRIs. This often creates mental harassment for NRIs and getting free legal advice on the property is a blessing for them in this stage.
What is the primary concern that a Non-Residing Indian (NRI) Faces?
The tenants on prolonged stay on the said real estate can refuse to vacate and preferably embroil into a legal conflict of the laws in most of the states is skewed for the tenants. Hence it can be a harsh and cumbersome task to get back the encroached land or possession of the house. Hence one must have the best advocate or at least free legal advice on property in India for disputes by your side. Many firms offer free initial consultation in this regard.
Illegal occupants from time to time have been taking undue advantage of the current laws regarding possession. As a possessor, they enjoy judicial protection against third parties even when his/she is not an owner of the real estate. There has been an old proverb in India regarding ownership conflicts, and much of it has to do with how the administrative practices of the past have worked – Possession is truer than the claim! In such cases, it not only takes remarkably skilful but also a very tactful Advocate to support an NRI to get back the possession of his/her asset.
NRI’s face a lot of harassment and problems to get back their properties hence there is a lot of benefits that they derive from free legal advice on property in India. Our legal expert lawyers provide free initial consultation on real estate dispute matters.
The properties and land holdings regularly face illegal occupancy by either thugs or land encroachers. The occupants usually prepare forged documents against the said asset and later threaten by stating that the owner has no legal rights over the asset. Illegal occupancy can also be in the form of tenants who overstay or refuse to quit the possession.
What can be done to guard the asset held by NRI’s?
Other than free initial consultation and free legal advice on property in India for the protection of assets, the central rule to be followed is that all the documentation proving ones right over the ownership must be kept. Documents like title deeds, jamabandis, mutation/ intkal, a copy of the Will, original acquisition agreement/sale deed, water bills, electricity bills, telephone bills, etc. must be there to claim ones right over the property. Further, if the real estate has come by Gift, Purchase, etc. must get all revenue records mutations done in one’s favour. If the property is obtained by way of bequeathment/Will and the title deed is not with you either because it is not detectable or lost, one must quickly lodge a formal police complaint.
Next action should be issuing a public announcement in two local newspapers about the ownership rights over that particular asset and receive certified copies of all such documents from the registering officials or taxation department.
Additional Steps to be taken to Ensure that no form of Dispute happens:
- Proper security of the ownership by way of a fence should be done all around to avoid trespass into the property. Putting up of CCTV cameras all around so that all the movements in and around the asset can be filmed is also advisable.
- While granting a power of attorney to a friend or a relative one must make sure that it’s a special power of attorney and not a usual one.
- One must have a well planned and clear tenancy agreement that puts down all the clauses regarding the amount of rent, a yearly percentage increase in rent and number of years for which the real estate is granted.
- One must also always have the tenants to go through the required police verification and have all the details of your residents to protect your interest in future.