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-13: Best NRI Legal Services in India
What are the different kinds of estate or property disputes faced by NRIs in India?

NRIs (Non-Resident Indians) can face various kinds of estate or property disputes in India.

Some of the common types of property disputes faced by NRIs are:
1. Disputes related to property titles: NRIs may have ownership-related challenges, such as title problems, fraudulent paperwork, encumbrances, etc. When a gift-acquired property or land under a Will is not deemed to be legal, title difficulties involving that property may also arise.
2. Disputes related to property sales: NRIs may run into issues with the selling of the property, such as fraud, deception, contract breaches, etc.
3. Disputes related to property management: Disputes involving the management of the property, such as disagreements with tenants, unlawful possession of property, eviction processes, etc., may be encountered by NRIs.
4. Disputes related to inheritance: Disputes over wills, succession certificates, conflicts with family members, and other inheritance-related issues may arise for NRIs. When there is a disagreement among family members on how to divide up the assets of a deceased family member, inheritance disputes arise. This may happen as a result of murky wills, competing inheritance claims, or other factors.
5. Disputes related to property development: NRIs may experience issues with property development, such as possession delays, breach of building contracts, disagreements with builders, etc.
6. Disputes related to property taxation: NRIs may experience disagreements with local governments over property tax assessments, disagreements over tax payments, and other property tax-related issues. When the property owner and the government disagree on the amount of property tax due or the property’s value, property tax issues may arise.
7. Tenancy and Rental Disputes: NRIs may face disputes with tenants or landlords over rental agreements, security deposits, and maintenance issues.
8. Illegal Possession and Encroachment Disputes: NRIs could run into issues with neighbours or squatters encroaching on their land or using it illegally. When someone utilises or occupies another person’s property without that person’s consent, encroachment problems arise. This may occur when a neighbouring property owner extends their land onto another property or when a person constructs a structure on another person’s property.
9. Delay in Possession and Completion of Projects: NRIs investing in property in India may face disputes with builders or developers over delays in possession and completion of projects. Any delay regarding the delivery of possession of flats/apartments by builders is considered vague today. As per a recent survey, more than 80% of the real estate development, may it be commercial or residential are being delayed due to the delays in following authoritative compliance such as Intimation of disapproval, occupation certificate, construction certificate, and no objections certificates of sewerage, water, environment, tree, fire, etc. Fraudulent conduct performed by the real estate developer to raise funds, enables him to sell a single unit or a flat to multiple buyers to increase funds at a construction stage. Such an act leads to a property dispute. Besides, delays may also occur because of lack of sufficient funds.

These are the various types of property disputes that are faced by the NRIs. The property disputes can be very complicated and cumbersome for an NRI to not only tackle but to understand to hence it is cardinal and is advised to seek professional assistance from a lawyer or a legal expert who is well equipped with the knowledge and the experience in the field of real estate law.
Authored By: Adv. Anant Sharma, Vikrant Rathore & Lehar Saini

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