A relative was entrusted to take care of the home while building a life abroad. But he/she will not move out, has changed the locks, or even says that the property belongs to him/her. In the case of NRIs who face property disputes in India, the distance can make it difficult to handle.
But you may not have to go back to India to start resolving the issue at hand. Depending on your rights and whether your relative tried to transfer or destroy the property, it will determine what legal action to take.
Here's how to assess your options and take the next step.
What Should You Do First If a Relative Occupies Your Property?
Before making a case, determine what took place and secure the evidence that supports your claims. You can begin by:
- Verify your ownership: Retrieve your sale deed, succession papers, partition deed, or any other ownership record that you have.
- Establish how the relative obtained possession: Ascertain whether you have given them permission to stay there, appointed them as your manager, or found out that they have trespassed.
- Preserve evidence: Keep copies of any communication that establishes that the property belongs to you or that you have asked for the return of your property.
- Check for immediate risks: Check whether your family member is trying to sell your property, develop it, or draw up documents.
The above information is useful to identify whether you are facing a case of illegal possession of the property of an NRI in India, joint ownership disputes, or even a case of fraudulent transaction.
What Legal Remedies Can Help You Recover Your Property?
With the help of an NRI Property Lawyer, the property recovery legal procedure depends upon your rights and the conditions under which you occupy the property. The solutions that you might have to use are as follows:
1. Send a Legal Notice Demanding Possession
If one of your relatives is allowed to occupy your premises but is unwilling to vacate, a lawyer could advise sending them a notice of possession along with your case.
It should clearly indicate your ownership/ right to possession, the situation that led to the relative entering your premises, and the steps expected from them.
Nevertheless, such an announcement alone cannot compel the person to leave. If the family member fails to assist, additional legal measures will be required.
2. File a Suit for Possession or Recovery of Property
In case the member of your family does not vacate the premises due to your legitimate rights, then you will need to file a legal suit in court.
Section 5 of the Specific Relief Act, 1963 says that any person who is entitled to possession of immovable property shall be able to recover such possession by the process specified in the law. The lawyer can advise on the type of suit to file based on the case.
An additional solution may also be found if one has been wrongly dispossessed. This is according to section 6 of the Act, where there is a summary remedy available under certain terms, among them being within six months after dispossession.
Important: The six-month period is not a one-size-fits-all solution when it comes to every case involving the recovery of property.
3. Seek an Injunction to Protect the Property
Suppose the property is about to be sold, given away, or some illegal construction work has started?
The lawyer can recommend that you apply for an injunction to stop any action that may affect your rights. This is done after the court considers the facts and law applicable to your case.
If the transfer has already been made, there may be need for more procedures in questioning the transaction.
4. Take Action Against Suspected Fraud or Forgery
In case the relative has forged your signature, abused the Power of Attorney, or presented false documents in order to transfer the property, get copies of those documents and take necessary legal steps.
In light of the available evidence, you will have to go through the civil process for either disputing the deal or ensuring your rights, along with the criminal process.
A dispute concerning property does not automatically mean that there is an offense committed under the law. It all depends on the nature of the act.
What If Your Relative Claims Your Ancestral Property?
An argument arising out of ancestral or inheritance property needs special attention since ownership of such property is not necessarily vested in any one individual.
For instance, if one wants to find out how to claim ancestral property in India as an NRI, then it is necessary to determine its legal status.
Consider the following:
- Inherited property: Check out the will and succession deeds and look for details about how ownership was transferred to you.
- Jointly owned property: Ascertain the legal share of the owners and whether a partition action is needed.
- Ancestral property: Confirm whether the property qualifies as ancestral property and know who the interested parties in the family are.
- Disputed inheritance: Investigate whether any document regarding partition or transfer has affected your right to inherit.
As such, in case your brother is occupying the shared property that belongs to your family, you cannot assume that he is an unlawful occupier of that property because the first thing that you need to do is assess your ownership rights.
The relationship between the parties does not, in itself, prove who is the owner of the property or who is entitled to use it.
Can You Recover Your Property Without Returning to India?
This does not mean that by living abroad you cannot take any legal action to safeguard your property. But this needs proper documentation and coordination with those in India.
Use a Power of Attorney Where Appropriate
When done correctly, a Power of Attorney document will give the representative the authority to do certain tasks for you, depending on the law in place.
A power of attorney for a property issue involving an NRI should have the powers granted mentioned explicitly within the document. In accordance with its use and place of execution, stamping, authentication, and registration might be required.
Do not delegate too much power without being aware of the implications, especially when it comes to the potential transfer of property.
Seek Advice With a Lawyer in India
An attorney acquainted with the location of the property will be able to guide you through the paperwork, the process, the dealings with your authorized person, and the entire litigation process.
You might be able to seek legal advice in many aspects of this process through remote means. However, there will be a number of things that might need more formality and even personal presence.
How to Choose an NRI Property Lawyer in India
When dealing with a legal issue that encompasses family matters, ownership issues, and one client who is living abroad, you require legal advice tailored for your case.
Before engaging an NRI property lawyer in India, consider whether the lawyer:
- Experience handling cases regarding possession, titles, inheritance, and partitions.
- Knowledgeable about the process and records pertinent to your case in the locality.
- Will provide you with an explanation of the remedies that are available to you, along with the cost and risks.
- Can manage documentation and update your case even if you are outside the country.
Expert NRI lawyers could assist in evaluating the legal situation, but even an attorney cannot guarantee either repayment or a certain verdict from the court.
Where Can NRIs Get Legal Help for Property Disputes?
If a relative does not want to give back your property, first find out what the law says about this matter.
Via Vakeel Saab, you may get in touch with a lawyer through an online consultation in order to discuss your property dispute and the steps that could be taken.
You can have consultations via telephone, video conferencing, or chatting. You can even submit documents related to your case to be discussed in the consultation. This will help you explore all the available options while sitting overseas.
Seeking legal guidance for resolving NRI property dispute? Seek expert counsel from a lawyer to learn about your rights and find out what you can do.