Managing disputes on Indian property from a foreign country can pose challenges for non-residents. The process can be time-consuming and complex. To safeguard their properties in India, NRIs are advised to take a proactive approach. This involves seeking professional advice from lawyers based in India and appointing a caretaker for the property in their absence. Frequent visits to India may not be feasible, considering the NRIs’ country of residence, due to the high costs and impracticality involved.
How to Effectively Manage Property Disputes and Redundancies
To navigate these complexities, NRIs require the expertise of proficient property management lawyers who can effectively handle land disputes. Property management lawyers specialise in resolving property-related conflicts and provide their clients with hassle-free and expedient solutions for land disputes. With their assistance, NRIs can overcome these challenges smoothly.
Property Disputes You Can As An NRI
To help you comprehend these complexities, here are some common examples of property disputes encountered by NRIs in India:
Step 1 – Appoint someone you trust as Power of Attorney (POA).
Step 2 – Get in touch with a Property Management Company that specialises in NRI related disputes.
Step 3 – Going through online websites to know the services and charges, as they may vary.
Step 4 – Price range might be about Rs 3000 to Rs 6000 per hour, so make the best use of that time.
Step 5 – During the legal process, the lawyer may charge a percentage of the monthly rent of the property.
Despite the intricacies of these legal situations, it is possible to challenge them through appropriate legal channels and restore the rightful owner’s legal rights.
Tips to Prevent Property Disputes in India
To avoid property disputes in India, it is crucial to have a clear understanding of your rights and obligations under Indian law. As an NRI, who may be residing outside of India for extended periods, taking proactive measures becomes even more important to mitigate the risk of property fraud. Here are some steps you can take to prevent property disputes:
| Methods | Explanation |
| Ensure Proper Property Ownership | Ensure that the property is transferred in your name correctly and not in the name of deceased individuals. Verify the ownership records and ensure they reflect your rightful ownership. |
| Property Security | If your property is unoccupied for extended periods, consider employing a guard or caretaker to maintain and safeguard the property. This can help prevent illegal occupation or possession. |
| Professional Property Management | If your property is rented out, consider hiring a qualified representative or property management service to handle tenant-related matters and oversee the property’s maintenance. |
| Understand Selling Process | If you decide to sell your property, familiarise yourself with the entire selling process. Seek professional advice to understand the legal requirements, documentation, and potential risks involved. |
| Review Legal Documents | Before signing any legal paperwork, such as tenancy agreements, licence agreements, or powers of attorney, carefully review and comprehend the terms and conditions. Seek legal assistance if needed to ensure you fully understand the implications. |
Resolving an NRI Indian Property Dispute
Ideally, property disputes should be resolved amicably through mutual agreement among all parties involved, especially in family situations. However, in cases where the legal rights of an NRI have been violated, pursuing legal action through civil litigation may be necessary. Indian courts provide substantial support to NRIs seeking justice and legal remedies, even if they are
residing outside of India.
Duration of Resolution
Various factors contribute to the determination of the exact duration, such as the nature of the dispute, its complexities, the parties involved, and the extent of legal action required, among others. Therefore, it is challenging to provide an exact timeframe for resolving land disputes in India involving NRIs.
Role of a Property Management Lawyer
A Property Management Lawyer plays a crucial role in assisting NRIs with land and property disputes in India. Their primary responsibilities include representing the NRI client throughout the case until a favourable resolution is achieved, maintaining legal records of the NRI’s land holdings, and overseeing the required legal formalities.
Additionally, a property management lawyer can fulfil various roles to handle all land and property disputes for their NRI clients.
Key Responsibilities of a Property Management Lawyer
Here are some important areas that a property management lawyer handles:
- Managing complex legal matters such as encroachment, trespassing, and torts.
- Assisting NRIs in document registration such as transactions, lease agreements.
- Negotiating and settling disputed properties on behalf of the NRI client.
- Conducting periodic assessments of purchase and drafting deeds.
- Offering accurate legal advice on dispute matters based on current market prices, government regulations, and potential tax benefits associated with the property.
FAQ
Q1.) What is the duration of the resolution of these disputes?
Ans. The time required to resolve an NRI Indian property dispute varies depending on various factors, including the complexity of the case, the number of parties involved, and the legal actions required. Each case is unique, and the timeline can vary accordingly.
Q2.) How can a property management lawyer help in these disputes?
Ans. A property management lawyer helps in managing complaints, rent collection, eviction matters, and other related issues on behalf of the NRI landowner.
Q3.) What is the duty of property management lawyers?
Ans. Educating NRIs about various terms and conditions related to property purchase, sale procedures, and deeds as per property law.
