Illegal transfers or mutation are a basic form of all property disputes that NRIs are faced with, and hence we have seen growth in Civil Lawsuit in India. You would always need to establish a clear title to stake your ownership. You would also need to change the ownership of the said piece of land or house in the name of the current living legal owners to avoid any fraud. Moreover, in case any fraud takes place, there needs to be clarity on the title to contest the case.
In India, the transfer is not an automatic process but often a time-consuming process under the law. If it is not done, then given the rampant land grabbing in India, in the absence of an updated title, it is assumed that the particular property is abandoned. The lack of action causes various property issues which give rise to a need for legal action such as filing of Civil Lawsuit in India.
There are different ways that a transfer can take place. Inheritance through a Will document or the law of natural succession in the absence of Will is two basic ways. In the latter case, inheritance is of class I legal heirs under the succession laws in India.
Also, if the owner is still alive and consenting to hand over ownership, he can gift it to you through a Gift Deed, which is a lawful way of undertaking a handing over or, change of ownership in the name of any relative or friend. Finally, a normal buy and sell procedure can take place too i.e. a registered sale deed. Whether the procedure has happened through a Will document or a Gift Deed, in most cases, NRI’s have no trusted representatives in India, and this leads unnecessary harassment for them.
Property Disputes
Property Disputes have caused many a family to suffer. Hence these issues need due attention. Inheritance could bring along with it the complications of illegal transfers, possession or even sale by close relatives, trusted representatives and third parties.
Illegal transfers can happen in three main ways:
- First, when there is forging or fabrication of documents like Wills – that is, making fake Will documents. This could be done by somebody to deprive the other shareholders of their due share. This is one of the most common methods, and here the defaulter takes advantage of the absence of the others and provides fake ownership to get control. For any mutation to happen, any one owner has to inform about the death of the previous owner. At times, one owner decides not to give the details like these for his selfish motive.
- Second, impersonation is one of the common methods used too. In such cases, one party impersonates as a shareholder and produces himself in court for the same. Some of them are successful too. They manage to go and stake a claim on what belongs to somebody else. Therefore, a careful and proactive approach should be followed by all owners to avoid these fraudulent practices.
- A third very obvious way is the misuse of the Power Of Attorney (POA) documents. In a host of cases, people end up giving general, non-restrictive POAs to their friends or relatives. In a lot of situations, people misrepresent, and there is a betrayal by even family members or close relatives, who give proof of utter mistrust and get properties transferred in their names. It is therefore advised that utmost care should be taken while granting a POA to anybody. Do not ever give any additional powers or you stand the risk of having them misused by vested interests.
The first two cases – false documentation and impersonation – can be challenged in courts if one files a Civil Lawsuit in India within the limitation period; the limitation period being three years of the date of knowledge of the said illegal transfer.
These two situations can invoke both civil and criminal litigation. However, in the case of improper misuse of POA, please be warned that hundreds of people have been deprived of their properties because of misuse of POA.
Being one of the top law firms in India, we use our best lawyer to represent, solve and finalize all such property disputes to suit the convenience of overseas citizens. In most situations, NRIs do not have the correct knowledge about procedures or formalities and so. Therefore we help them to file Civil Lawsuit in India and provide them sound legal advice to find solutions. NRI Legal Services is a trustworthy Law Firm in Chandigarh that is capable of handling all such issues for you.
This issue is fairly commonly found in the case of NRIs. The reasons for this are –
- They are not present to occupy properties
- In time the occupants or relatives/friends could turn greedy
- They are not close enough to make frequent visits, so they end up entrusting the control to friends or relatives
- In Addition, properties are left with assumed guardians for years without any effective management or interference from actual owners. This results in occupants forgetting they are not actual owners
- Lose and unbinding agreements with tenants are very common, and these tempt them to turn hostile
- Most of the NRI owners often find themselves victims to the strong nexus between politicians and land mafia and police, which is impenetrable for a visiting overseas person and often, results in their losing their assets forever
- Properties without caretakers or tenants and not frequently visited are a great opportunity for land mafia to trespass and grab them
Do you frequently find yourself wondering what “Possession” really implies?
It basically implies exercising real authority over an object, regardless of whether you own the protest or not. But even a holder appreciates certain legal security against third parties even if he is not the owner. This insurance is given against any unlawful demonstration of violence against the owner. The rights of occupants come from the fact that the proprietor – NRIs, in this situation haven’t looked at these properties for years and they continue enjoying rights. In Addition, as made reference to before as well, trespassers can fashion documents making it difficult for them to be removed.
Property eviction legal counselors comprehend that the eviction procedure becomes more or less a nightmare for anybody sitting miles away. Notification sent to clear property are not extremely effective always. Forged properties documents and false data information become the impediment to any positive growth. For such issues and disputes, individuals look towards land legal counselors to have their matters sorted out.
Solutions
What a most of people don’t know about is that all such cases can be successfully challenged in the courts and legal rights of the rightful owner can be restored. Civil court cures are available, and individual appearances can be managed through competent legal representatives. If people were to look for proper legal advice, they would be able to find valid information, practical solutions to the issue of illegal ownership. CURES are given under the law to get back the properties or secure any outsider trespassing or interfering with the peaceful possession.
- Preventive
- Do make proper caretaker agreements and have well-defined tenancy agreements. In short, always define the status of the occupant
- Do not let any other person enjoy the possession of your house for a long time. You need to keep changing occupancy – whether caretakers or tenants
- Actual
- Under section 5 of the Specific Relief Act, 1963 a person who is dispossessed of his property can get possession by title.
- Under section 6 of the same Act, a person dispossessed may recover his right merely by proving previous possession and subsequent wrongful dispossession.
- Proceedings can also take place under section 145 of the Criminal Procedure Code.
- The government is proactive to ward off any such illegal possession. It addresses police complaints on this matter – especially as far as NRIs are concerned.
- A person who apprehends trespassing or wrongful dispossession can lodge a written complaint.
- A written complaint can be sent to the Superintendent of Police (S.P) of the area where the property is situated by way of registered post.
- Even if the S.P fails to respond, a private complaint in the court can be filed through an advocate and the case can then be pursued through a special Power of Attorney where it is difficult for the owner to be present in India.
What do we offer you?
Complete support – efficacy, competence fitness, and transparency straightforward in legal representation to handle all such cases. We have a team of devoted property expulsion legal advisors container India to take care of matters even if an overseas citizen can’t be physically present. Starting from the investigation and data information collection involved in the entire case to the actual fight – filing, representing & managing litigation – for the rightful ownership, we take care of everything. All this happens without the client having to travel back and forth to India.
What protections can you take?
It is basic that all NRIs have their documents reports in the correct order and manner. This would include the title deeds and even the transformation or Will documents. Likewise, the buy documents of the property are required as well -alongside with all bills paid. Even if there is a need for a Power Of Attorney one has to be sure of making one with all due precautions and safety nets. It generally helps to take the help of a legal service master.
