Living outside India has many benefits, but one of the biggest challenges for NRIs is managing their property back home, as it is often seen that NRI owned properties get involved in legal issues for various reasons.
As an NRI property dispute India can cost you your time and peace of mind as it takes a lot to manage the legal things from another country. The good news? With the right knowledge and steps, you can protect your rights and resolve issues without any difficulty.
This article explains common problems, your legal rights, and practical steps to solve any NRI property dispute India.
Common Types of Property Disputes for NRIs
In recent years, property disputes in India have been on the rise as more people move abroad, leaving behind their ancestral, inherited, and newly purchased properties. According to the latest data released by the Indian government, nearly two lakh individuals have given up their Indian nationality in recent times.
Let’s see what the common types of NRI Property Disputes India are:-
Inheritance and Succession Conflicts
Inheritance and Succession conflicts make up the majority of the NRI dispute in India. Property or land is a major source of civil litigation in India. Studies show a very large share of land/property disputes nationally relate to inheritance and succession.
A 2017 Dak study found nearly one-third of all legal disputes relate to land/property, and about 80% of those property disputes involve inheritance. This is a common problem in India and is also faced by NRIs living abroad, either alone or with their families.
Illegal Possession or Encroachment
Many people who move abroad for work or permanent settlement often rent out their properties in India. However, this sometimes leads to illegal possession when tenants refuse to leave the property after the agreed rental period mentioned in the rent agreement.
While sometimes encroachment can be seen by neighbours and other people who think that they can use the property for their own use, as the one who owns it rarely visits it.
Builder and Real Estate Disputes
It is also observed that many NRIs invest in under construction properties. Builders delay projects, demand extra money, or deliver poor quality than what was promised. Some even sell the same flat to two buyers. RERA (Real Estate Regulation Act) helps, but builders still play tricks, leaving NRIs helpless thousands of miles away from the country.
Legal Framework and Your Rights as an NRI
If you are an NRI, you may think that there may be different laws and regulations for you in India when it comes to NRI disputes, but what if we tell you that you have the same rights as an Indian citizen for these kinds of disputes.
Key Indian Property Laws That Apply
- Transfer of Property Act, 1882
- Indian Succession Act, 1925
- Hindu Succession Act, 1956
- Registration Act, 1908
- Real Estate (Regulation and Development) Act, 2016 (RERA)
- Benami Transactions (Prohibition) Act
The government also allows NRIs to file cases through Power of Attorney (PoA). You don’t need to fly to India every time, but you may be asked to visit the country on special court hearings.
Importance of Documentation and Evidence
If you are an NRI who is going to face legal challenges related to property in India, the most useful weapon is going to be the documentation and evidence. Make your case as strong as possible by collecting every possible documentation available related to the property, and make sure to have proper evidence related to the dispute.
Steps to Handle an NRI Property Dispute
As an NRI, if you are having any disputes related to the land or property in India, this is how you can tackle the situation without exhausting yourself by surfing the internet and going through a lot of consultations with people who have very little knowledge about the legal system in India.
Here is a roadmap on how to handle an NRI property dispute India.
Initial Legal Consultation
We would suggest that the first and consult with a lawyer who has a good knowledge of the Indian legal system. Share all documents online and explain the case in detail. The charge for the consultation varies from person to person or the firm they are associated with. After the consultation, they will tell you if your case is strong or not and how much time it may take.
Mediation and Settlement Options
You should consider mediation first, as with thousands of pending cases, your case may also take a sound amount of time to get a final decision, while Lok Adalat and family settlement meetings solve matters in 2–3 months.
Both sides sign an agreement that becomes legally binding. This saves money and stress.
Filing a Civil Suit in Indian Courts
If the above step of mediation fails, file a civil suit in court for your case. Appoint a PoA (trusted family member or lawyer) to attend court for your legal battle. Cases take 2–7 years (approx), but orders stop further damage within weeks of filing a suit.
Why Hiring a Dedicated Property Lawyer Matters
Hiring a dedicated player to resolve an NRI property dispute in India is way better than consulting and taking help from someone who does not have the required amount of knowledge about the Indian legal system.
They specialise in NRI property dispute in India, knowing every local tactic used by tenants, builders, or relatives that may not be known by someone who is inexperienced. Your lawyer regularly inspects the property, gathers evidence through RTI, and secures quick stay orders to prevent further damage.
The cost may vary from firm to firm, but trust us that a few thousand or lakhs will save crores in the future. Additionally, it saves you from getting mentally exhausted and wasting your important time.
Conclusion
Distance should not cost your hard-earned property, and for that matter, you must consult a professional rather than choosing a local or relative for consultation. Stay alert, keep documents ready, and act fast. Hire a dedicated lawyer the moment you smell trouble. With proper legal support, thousands of NRIs win their cases every year and sleep peacefully abroad.