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-14: Best NRI Legal Services in India
How can NRI’s handle land disputes or property disputes in India and safeguard themselves?
As a Non-Resident Indian (NRI), It is difficult manage Indian property from a foreign country. The procedure itself might be difficult and time-consuming. In order to protect the NRIs’ properties in India, it is also advisable to take proactive measures, such as hiring an in-country caretaker to look after the property while the NRIs are away and getting legal counsel. It might not be viable for NRIs to frequently travel to India from their home country if there are any property problems. Also, it will be costly and impractical to proceed with the journey expenses. Regrettably, there are many property issues now in India. Hence, it is crucial to resolve the property issue as soon as possible
Here are some steps that can help NRIs safeguard themselves and resolve land or property disputes in India:
1. Verify the property documents: Verifying the property paperwork, which include the title deed, sale deed, encumbrance certificate, and other associated documents, is the first and most important stage. In order to make sure that the property is lawfully owned by the seller and is free from any controversies, NRIs might contact a legal professional or a property management business to assist them with document verification.
2. Hire a competent lawyer: NRIs should retain a knowledgeable attorney with experience handling property issues. The attorney should have experience handling situations involving Indian property laws. Throughout the legal process, the attorney should be able to give advice and support.
3. Register the property: To prevent any upcoming issues, NRIs should make sure the property is registered in their name. The Sub-Registrar’s office where the property is located is where they should get the property registered. Stamp duty and registration costs must be paid as part of the registration process.
4. Be aware of the laws: NRIs need to be aware of the Indian laws governing property ownership and disputes like the Land Acquisition Act, 2013 and the Real Estate (Regulation and Development) Act, 2016. Depending on the state where the property is located, the laws may change. NRIs can speak with their attorney to learn about the rules and legislation pertaining to their property.
5. Stay updated on property records: NRIs should keep up with any changes affecting their property. They should make sure they get regular information on any court cases involving their property.
6. Use technology: NRIs can protect their assets using technology. To verify the property paperwork and complete deals, they can use digital documents and internet platforms. There are various ways in which they can take advantage of the technology available like video conferences, online document management tools, etc. People can follow court cases involving their property using online resources as well.
7. Consider alternative dispute resolution: As opposed to going to court, alternative dispute resolution processes like mediation and arbitration can be quicker and less expensive.
8. Protect yourself from fraudulent activities: Make sure you don’t sign any blank documents or provide anyone power of attorney in order to protect yourself from fraudulent actions. You should also check the credentials of the property developer or seller prior to signing any agreements.
9. Attend hearings in person: Attend hearings in person, if at all possible, as doing so can help you better comprehend the situation and enable you to offer the required comments.
10. Stay in touch with local contacts: Get in touch with reliable local sources who can keep you informed about the property’s condition and offer assistance, such as family members, friends, or property managers.
Conclusion: In summary, the whole property management scenario for the NRIs can be complicated and challenging however it can be resolved effectively if the NRIs are cautious and take appropriate measures to safeguard their property in India. They should hire a competent lawyer, verify property documents, register the property, be aware of the laws, stay updated, and use technology to avoid disputes and resolve any disputes that may arise.
Authored By: Adv. Anant Sharma, Vikrant Rathore & Lehar Saini
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