Are You Dealing With Property Dispute In India As An NRI?

Introduction

Are you living abroad while facing a property dispute in India? Most of the NRIs deals with disputes like illegal possession, unauthorized sale, or wrongful use of property by relatives or third parties. Living abroad often makes it difficult for NRIs to keep eye on property and protect your legal rights.

Lack of presence in India, unfamiliar with the legal procedures, and delayed action may lead to serious loss of property rights. This guide will help you in understanding your legal rights and how to move towards legal action promptly

What type of property disputes NRI deals with?

1. Illegal Possession & Encroachment: Many relatives, occupants, or any other third parties unlawfully possess the NRI-owned property and refuse to vacate the premises and they take benefit of the owner’s absence from India.

2. Unauthorized Sale or Transfer: The NRI-owned property is sold or transferred without authorization using fake or forged documents.

3. Inheritance & Ancestral Property Disputes: Disputes may also arise over partition of property, refusing to give lawful share, or manipulating the wills in ancestral or inherited properties.

4. Power of Attorney (POA) Misuse:  The person who holds POA can exceed its authority and can sell or lease the property by illegal means.

5. Tenant & Rent Disputes: When occupants refuse to vacate, does not pay rent on time, or give false claims of ownership.

6. Builder & Real Estate Fraud: This type of dispute includes delayed possession, double allotment, deviation from approved plans, or project double dealing. 

Someone is occupying your property in India - What should you do first from abroad?

If someone has occupying your property by illegal means in India while you are living abroad then you should do not delay action. Firstly, you must collect all ownership documents like sale deed, title papers, mutation records, and tax receipts. Afterwards consult a trusted and experienced lawyer in India through a registered Power of Attorney.

The property has been encroached - Can police help immediately?

The immediate help of police depends upon the nature of encroachment. The police can take legal action by registering FIR if the encroachment involves, criminal trespass, threat, breaking locks and force. The police prevent the occupants from doing further illegal acts.

But in case of civil dispute of possession, the police cannot intervene without the order of court and cannot evict the occupant on their own.

Can you file police complaint while living abroad? You can file police complaint while living abroad as criminal trespass, threat is cognizable offence. You can file with the help of POA or by email/ online portals.

How can you send legal notice to illegal occupant?

You should always send a legal notice to illegal occupant before taking any legal action by asking him to vacate the said premises. You can hire a lawyer for proper and formal draft of legal notice under applicable laws like Code of Civil Procedure, 1908 and Transfer of Property Act, 1882.

In case if you are living abroad, still you can send legal notice to illegal occupant by appointing an advocate through registered Power of Attorney which should be duly notarized by Notary Public.

The process of sending legal notice is very effective as it proves which depicts that you already try to settle matter in amicable way.

What should you do first? - File partition suit or ask for possession?

If your any family member or relative is illegal staying in your share property, then you can directly claim possession directly. There is no need of for filing partition suit first.

Moreover, the partition suit becomes necessary when you urgently want to divide the share of property among co owners.

What legal actions to recover possession of your property in India?

After sending legal notice if the occupant did not comply to it within prescribed time then you can take legal action:

1. Civil Suit for Possession: You can file a civil suit under the Code of Civil Procedure, 1908 to recover the possession of your property from the occupant.

2. Injunction Suit: You can file an injunction suit to prevent the occupant from continuing illegal occupation, making alterations, or selling the property. Courts can grant temporary or permanent injunctions to safeguard your legal rights.

What remedies can the court grant in an NRI property dispute?

The courts can grant the following legal remedies, depending upon facts and evidence:

• Decree for Recovery of Possession: The court passes a decree to direct the occupant to give back vacant possession of the property.

• Temporary Injunction: The court can prevent the occupant from wasting the property, doing construction work, breaching contracts, or creating third-party rights under Order XXXIX Rules 1 & 2 of the CPC during the case.

• Permanent Injunction: According to Section 38 of the Specific Relief Act, 1963, the court can grant permanent prohibition of the occupant from misusing or re-entering the property after recovery of possession.

• Mesne Profits / Compensation: As per Order XX Rule 12 of the CPC the court can award damages or mesne profits for illegal possession.

• Police Assistance for Execution: At the execution stage, courts may direct police help to enforce the decree and ensure peaceful recovery of possession.

What if POA holder misuse your property?

• If your POA holder misuses your property then immediately you should Revoke the POA under the Power of Attorney Act, 1882.
• You can cancel illegal transactions by filing a suit under sections 31 and 34 of the Specific Relief Act, 1963.
• Seek injunction and Recover your possession by filing civil suit.

What happens if you sell a disputed property as an NRI?

You have to face several legal consequences if you sold a disputed property:

1. If a court case is pending, it means that the buyer is bound by the final decision of court, and the sale may not give them proper ownership.
2. It will be termed as cheating under Bhartiya Nyaya Sanhit 2023 if you sale the property without disclosing this fact to buyer.
3. The court has authority to prevent the sale, cancel the transaction, or order the compensation if the sale causes loss to others.

How Lead India can help you?

Our law firm gives you comprehensive support for property disputes without requiring your physical presence in India:

• We draft and send legal notices promptly and handle all communication with illegal occupants or relatives
• Filing and managing civil suits for possession, injunction, partition, and cancellation of illegal documents
• Provides assistance in relation to Power of Attorney like drafting, registration, revocation, and prevention of misuse.
• Execution of court orders, including eviction and recovery of possession with police assistance
• Preventive legal advice to safeguard your property from future disputes or fraud