NRI Property Dispute resolution
Disagreements pertaining to real estate and immovable property often lead to property disputes. Common causes of property disputes include disagreements regarding legitimacy of ownership, zoning concerns, liability for construction repairs, obstructed vistas, property lines (boundaries disputes), and property damage liability. Property Disputes can be caused by the breach of contract, real estate fraud, disputes over boundaries, dispute between Co-Owners (joint ownership disputes-family disputes over property), dispute over specific performance properties etc. “NRI Property” refers to an immovable property acquired or purchased by a Non-Resident Indian (NRI) in India.
For your better comprehension, FortuneLegal Advocates have provided a list of typical instances of property disputes involving NRI Indians:
- Disputes arising from claims made by legal heirs or joint owners;
- Disputes regarding easement rights;
- Possession or occupation of the property by someone who does not have legal rights to it, such as a friend, relative, or builder;
- A family member seeking to contest a registered Will in a court of law;
- Instances where a seller provides inaccurate documentation or misrepresents information;
- Misuse of an NRI’s power of attorney to fraudulently carry out transactions;
- Disputes regarding partition or family settlement;
- Someone pretending to be the owner of an NRI property in order to conduct fraudulent property transactions.
Now a question arises, what will a Non-Resident Indian do if s/he faces any property dispute in India?
If a Non-Resident Individual is involved in a property dispute in India, such as property distribution between siblings or within a family, adverse possession of a property, or legal issues regarding claims made by the legal heirs of a deceased person, they may require legal assistance. Then, it is important to consider specific actions that can be taken to safeguard one's rights and interests. Here are some recommended courses of action for property disputes that may be faced by a non-resident individual in India:
Guidance from a Legal Expert
(It is crucial for Non-Resident Individuals to seek guidance from experienced lawyers when dealing with complex matters such as property disputes in India. Each property dispute requires careful handling based on its unique facts and circumstances. Our team at Fortune Legal Advocates and Legal Consultants is well-equipped to navigate the intricate procedures and offer tailored advice to address your specific situation.)
Evaluation of the Documents (Due-Diligence)
(Our Team will go through the all the property-related documents, which can be deeds, agreements or any other legal document. And we strongly believe that evaluation of these documents will not only make a strong case but also help us to make strategies that how we should proceed in future.)
Alternative Dispute Resolution
(Attorneys at Fortune Legal can provide advice on cases where Alternative Dispute Resolution through mediation is necessary, based on thorough case analysis. In addition, our team will also investigate potential avenues such as negotiations and settlements, which can provide significant time and cost savings.)
Appeal against any Court Orders
(In certain property-related cases, it is possible to encounter an unfavorable initial court ruling. In such situations, our team can provide guidance on filing an appeal to pursue a more favorable outcome.)
In summary, when dealing with a property dispute in India, it is crucial to seek advice from an experienced legal professional, thoroughly examine all relevant documents, consider different methods of resolving the dispute, and be ready to pursue legal action if necessary. Seeking the assistance of a legal professional will greatly increase the likelihood of achieving a favourable outcome in your case.