Non-Resident Indians (NRIs), living abroad with limited ability to oversee their properties, often fall victim to disputed property and property encroachment in India. Land purchased for investment purposes that is rarely visited by the owners, becomes an attractive target for encroachers.
What Options Do You Have When the Property You Purchased is Disputed ?
This issue is particularly challenging for NRIs, who are not physically present to oversee their properties and must rely on locals or litigation. While prevention is the best approach to avoiding property encroachment, if your property has already been encroached upon, there is still hope.
They can come to a settlement:
- Through mediation
- Filing a Civil Suit in Court
- Using Alternative Dispute Resolution Mechanisms such as Arbitration or Conciliation.
Steps to take After Finding Out about the Disputed Property
Listed below are the steps NRIs need to take to safeguard their property –
Step 1: Organize Your Documents for Disputed Property Resolution
To establish your right to the property, it is important to possess documents such as title deeds, mutation/intkal records, copies of the Will (if applicable), the original purchase agreement/sale deed, as well as utility bills like electricity, water, and telephone bills. Having these documents readily available strengthens your case for resolving the property dispute.
Step 2: Take Legal Action and File a Police Complaint
Seek the assistance of a lawyer who can efficiently draft appropriate eviction notices and send them to the illegal occupants. Anjanappa recommends discussing every minute detail pertaining to the disputed property with your lawyer. Additionally, file a civil suit seeking a “restraint order” or “injunctive relief” (stay) to counter any ongoing threats. It is advisable to obtain copies of the encroacher’s documents to challenge their illegitimate claim.
Furthermore, consider filing a police complaint. Nidhi Singh explains that apart from the remedies available under the Specific Relief Act, you can initiate proceedings under Section 145 of the Criminal Procedure Code. In certain states, like Punjab, dedicated NRI police stations have been established where you can lodge a written complaint regarding trespassing or wrongful dispossession.
Alternatively, you can send a registered postal complaint to the Superintendent of Police (SP). If the SP fails to respond, you have the option to file a private complaint through an advocate, pursuing the case through a special power of attorney if you are unable to be physically present in India. If there are threats of bodily harm, it is also possible to file a complaint at any police station.
Taking legal action and involving the authorities is essential to protecting your rights and seeking a resolution to the property dispute.
Step 4: Be open to negotiation
“Knowing that there are people backing you up could make the encroacher change his mind. Also, keep the window of negotiation open so that the futility of it can be impressed upon the encroacher. Considering the financial impact on the property, legal fees, professional charges, a lengthy trial period, related expenses, etc., the encroacher may think it more wise to invite the litigating party for some favourable out of court negotiations/settlement.” Sundar says.
Step 5: Practice Patience
It’s important to understand that the timelines for litigation in India are difficult to predict. On average, a case can take a minimum of 2-3 years to reach a resolution. The cost of litigation varies depending on factors such as the city where the case is filed (litigation costs are higher in cities like Delhi, Mumbai, and Ahmedabad), the complexity of the case, and the expertise of the lawyer engaged.
For instance, hiring a designated Senior Counsel or an experienced lawyer with 10-15 years of experience may involve different cost structures, such as per hearing fees.
Reclaiming encroached property often involves a lengthy and complex legal process. The steps provided above offer a general guide on what to do if you find yourself in a similar situation. It is crucial to consult with a legal professional who can provide guidance tailored to your specific circumstances.
Throughout the process, it is important to remain patient, as legal proceedings can be time-consuming. Stay determined and persistent, keeping your ultimate goal of regaining your property in mind.
Frequently Asked Questions
Q1.) Who is eligible to receive immovable property as a gift in India?
Immovable property can be acquired as a gift from the following individuals:
- A person who is a resident of India.
- An NRI (Non-Resident Indian).
- A PIO (Person of Indian Origin).
Q2.) From whom can non-resident individuals receive immovable property as a gift?
Non-resident individuals can receive immovable property as a gift from the following:
- A resident Indian.
- A person who is a resident outside India (i.e., NRI or PIO).
Q3.) Who can non-resident individuals inherit immovable property from?
Non-resident individuals (i.e., NRIs, PIOs, or foreign nationals of non-Indian origin) can inherit immovable property from the following:
- A person who is a resident in India.
- A person who is a resident outside India.
However, if the property is inherited from a non-resident, it should have been acquired in compliance with the prevailing foreign exchange laws or FEMA regulations applicable at the time of its acquisition.
