LAND AND PROPERTY DISPUTES
The most common problem faced by the Non Resident Indians is regarding the unneccesary disputes created by the
people having vested interests qua the Immovable properties including shops, Flats, Houses, ancestral or self
acquired land / agricultural land owned or inherited by them.
The typical instances of this problem may be illustrated in the following manner :
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The land is simply transferred by way of natural succession depending on the applicable law i.e. Hindu Succession Act or Indian Succession Act.
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The transfer of property is challenged by relatives in India. The relatives claim to be owners by way of some forged documents.
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The property has to be transferred on basis of the Will.
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There are forged Wills created by the relatives in India.
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Non residents generally leave the properties with their closest relatives, friends to look after the property, receive rent from the tenants, make any renovations if needed, deal with the government authorities on their behalf. Some people rent out their property to a tenant.
The NRI's mostly face such unsavory situations at one or the other time during their life time :
Flat / Land / Property in India usurped by the gullible relatives
Tenant refusing to vacate the premises even after the expiry of the Lease or the Rent agreement
The Property in India sold by others under a forged or manipulated Power of Attorney
Illegal squatters occupied / built property on the land belonging to the NRI
Relatives / family friends and Tenants takes undue advantage of the absence of an NRI's as they are aware that it is very difficult for a NRI to make frequent visits or attend the courts which take abnormally long time.
The common and most effective remedies against such illegal actions includes the lodging of the Civil suits including Injunctions i.e. restraining the others from alienating, transferring, creating lien, gifting or causing any other mischief to the property, Suits for Vacant Possession to take back the possession of the property from the Relatives / Friends or Ejectment Applications under Rent Restriction Act for eviction of the Tenant.
You can send us your query on any kind of property issue on query@gciglobal.org or click on Send a Query.
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