Guide to Real Estate Woos of NRI’s: Best Real Estate Attorney Advice in India
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Legal Advice & Solutions for NRI’s & their Estates & Properties in India-7: Best NRI Legal Services in India
What steps can NRIs take in case of encroachment in their estate or property in India?
How can unauthorised invasion or possession of property happen?
Illegal occupancy can occur in two different ways. Initially, squatters may generate fake paperwork and scare you by asserting that you lack legal title to the property. The majority of the time, they are thugs or persons with connections who use these types of techniques to coerce someone into paying a fee in order to redeem their property and enjoy quiet possession or coerce them into making a sale at a distressed price. This has also occasionally occurred with the local tax officials’ complicity. The second occurs when a renter unlawfully occupies your property for an extended period of time despite insufficient checks and balances and poorly written leases.
An NRI (Non-Resident Indian) might pursue the following actions if their estate or property in India is being encroached upon:
1. Gather Evidence: To establish that invasion has occurred, the first step is to gather as much evidence as you can. This include capturing pictures, recordings, and any other records that demonstrate the property’s ownership.
2. Contact Local Authorities: The NRI should make an official complaint about the encroachment as soon as possible to the local authorities, including the police, the revenue department, and the municipal corporation. The complaint must include all supporting documentation and specifics of the encroachment.
3. Police Complaint: You can file a police complaint at the closest police station with the necessary original property paperwork. The Particular Relief Act of 1963’s Articles 5 and 6 may be able to return the possession to the rightful owner in this case.
4. Engage a Lawyer: The NRI needs to hire a lawyer with experience in property law. They will receive legal advice from the attorney, who will also initiate the required legal action to safeguard the property. A civil lawsuit can be brought by them against the infringer.
5. Seek Help from Indian EmbassyThe Indian embassy in the NRI’s place of residence can assist them if they are unable to address the issue through the local authorities. The embassy can help to make contact with local authorities easier and offer advice on legal options.
6. Initiate Mediation: Property issues can be successfully settled through mediation rather than protracted court litigation. To arrive at a solution that is acceptable to all parties, the NRI might start mediation with the encroacher.
7. Monitor Property Regularly: To make sure there is no encroachment, it is crucial for the NRI to frequently inspect their land. This will enable them to see any possible problems early on and take action before it worsens.
In conclusion, NRIs can take the following actions to prevent encroachment on their property in India. To stop any additional invasion and protect their property rights, it is crucial to act quickly.
Authored By: Adv. Anant Sharma, Vikrant Rathore & Lehar Saini
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