Civil Litigation and Property Disputes

NRI GLOBAL SERVICES provides comprehensive legal services regarding litigation in context to property matters and civil disputes in India to our clients through the Affiliate law firm and expert lawyers associated with us in India. We provide services for legal representation for litigations regarding movable and immovable assets of Non-resident Indians in India. With an aimed focus and sincere approach, we provide our clients a quick, fast and action driven resolution, without compromising the client’s interests and within the sphere of Indian laws. Our entire team is very dedicated and we have practical objectives to provide the best methodology and mechanism to our clients as we understand the value of a client’s time and money.

We handle all types of civil disputes with an approach that would be the most effective remedy to all our clients through our Indian associated Law firms and experienced Lawyer’s. The network with the best legal experts in India has been built over a period of time and association and we provide best legal representation to our clients in all major jurisdictions of India, without the need for our NRI clients to travel to India very frequently. An inhouse and extended offices competent teams and document specialists are closely working with legal teams to effectively support them in gathering evidence and fact finding on behalf of the clients in all legal matters we takeup.

We have a professional and concentrated approach regarding the cases filed in court for our clients. We keep regular intimations to our clients about important business actions occurring in the cases and keep them well informed of important milestones in their litigation representations being progressed in the courts.

Our litigation services for civil disputes we undertake are classified as under:

  • On-going litigation
  • New litigation

Ongoing litigation:  The matters wherein cases are already filed in a court of law, it becomes imperative to obtain the case file of the subject matter for a thorough study and review to understand the present status facts of the case.

  1. Complete understanding about the matter
  2. Current stage of the case and thorough analysis of the matter
  3. Finalization of strategy to be pursued in order to deliver the outcomes desired by the client from the litigation

New Litigation: These are matters where a new case needs to be filed in the relevant court of law in India.

In order to file a new litigation in courts our team of experienced lawyers executes a thorough review of the facts and documents pertaining to the matter. Based on this thorough review the client is presented with a detailed methodology and the recommended legal strategy about the type of litigation warranted in the matter in context.

Our review delivers clear insights to the client on the following:

  • Whether the legal rights of the Client in relation to his assets are tenable in a court of law ?
  • The type of litigation to be initiated that is most likely to deliver the outcomes that the client desires.

Litigation services in India: For any matters we accept any new litigation only if we arrive at a conclusion (based on the review conducted) that a strong case is made out and an outcome via litigation can be delivered that the client is desirous of. We clearly outline all aspects of the proposed litigation being suggested to the clients including risks involved, so that the client is completely empowered with full understanding on their matter before formally engaging us for representation.

VARIOUS TYPES OF LITIGATION SERVICES OFFERED BY NRI LOBAL SERVICES ARE:

LITIGATION RELATED TO MOVABLE ASSETS:

  • Suit for Grant of Succession Certificate.
  • Suit against bouncing of cheques.
  • Suit for Recovery of Money.
  • Suit for Rendition of Accounts.

LITIGATION RELATED TO IMMOVABLE ASSETS:

  • Suit for Possession by challenging illegal occupancy by the opponents.
  • Suit for Declaration- For declaring the ownership of the property, or for declaring any document null and void. As for exp. illegal sale deed etc.
  • Suit for separate Possession by way of Partition.
  • Eviction Petitions and Rent Petitions.
  • Suit for Permanent Injunction for restraining alienation of the property in any manner.
  • Suit for Mandatory Injunction for seeking direction of the Court for the opposite party (caretaker, licensee etc.) to vacate the property.
  • Suits/Complaints under Consumer Protection Act where the builder has failed to deliver possession of the property within time as required vide Sale Agreement
  • Petition for Grant of Letters of Administration.
  • Suit pertaining to Adverse Possession.

Frequently Asked Question

  • How can a person claim his or her right over the movable properties of the deceased ( as Father, Mother etc) such as bank accounts, shares, fixed deposits, Mutual Funds, Pension funds etc ?
    A person, He or She, can approach the court in order to file a petition for obtaining the succession certificate, which will give rightful access of the movable properties of the deceased to the holder of the said succession certificate.
  • How long does a partition suit take to reach its conclusion?
    Please be informed that, a Partition Suit varies from case to case basis. There is no prescribed timeline within the law for the conclusion of the suit. However, on an average, it takes about 2 – 3 years to get the suit concluded and the property partitioned.
  • If a Will is duly executed and registered by the owner of the property, but it excludes one of its legal heirs and does not gives any reason for the exclusion, can that legal heir challenge the Will?
    The excluded legal heir can challenge the Will as no reason has been given to disqualify him by the executant of the Will. Alos, the said Will can also be challenged on the ground that it was made due to undue influence, duress, or lack of mental capacity.
  • If the head of the family the owner of properties, say the father of the children died without leaving any Will behind. How can the children claim the property he owned?
    If the owner of the family dies without leaving any Will, in such a situation, the property owned by the father shall devolve upon all the siblings and their mother ( Deceased Man’s wife) your mother in equal shares. First step is an amicable settlement between all the legal heir’s and equal share will be transferred by the competent authorities when approached. But, if an amicable settlement is not reached, an appropriate suit can be filed in a court of law.
  • The father of my friend purchased a property in Punjab in 1995. He constructed the house in a way in two parts in the same premises that my friend and his brother can live separately independently but in same premises, so they do not have a quarrel later on. However, my friends brother has also occupied the portion that was meant for my friend is not letting him use it for his personal use. His brother is also carrying on some business in that portion without my friends consent. Their father have passed away few months back, Is there any way that my friend can get his portion back.
    In such a situation, an appropriate suit seeking partition and declaration for a separate possession can be filed in the court of law claiming your share in the property.
  • What steps be followed in order to obtain a Legal Heir Certificate in India ?
    First, the legal heirs/ or any one of them, of the deceased person are required to file an application to concerned department, Deputy Collector Office/ SDM Office/ Tehsiladar Office, along with the requisite documents like the death certificate of the deceased, identity proofs of the legal heirs etc. Second, if no objection is made by the authority, then the Legal Heir certificate is issued.
  • If the consumer is not satisfied with the order of the Consumer commission, is there any further remedy ?
    If any consumer who is aggrieved by the order of a District Consumer Forum or State Consumer Commission, the person can prefer an appeal in the next higher commission within a specified time period from the date of the order. Sequential Judicial Authorities where an appeal can be preferred are: • against an order of the District Commission before the State Commission • against an order of the State Commission before the National Commission • against an order of the National Commission before the Supreme Court
  • What is a “transfer of property”?
    The “transfer of property” implies when a living person conveys some property to some other person immediately or at some time in the future.
  • What is the pecuniary jurisdiction of the commissions?
    Post the Consumer Protection Act 2019, the claims till 1 crore are heard by the District Consumer Commission. The claims beyond 1 Crore upto 10 crores are heard by the State Consumer Commission, and the claims beyond 10 crores are heard by the National Disputes Redressal Consumer Commission.
  • What is the time limit for filing a complaint ?
    A complaint has to be filed within two years from the date on which the cause of action/deficiency in service arises. However, a complaint may also be filed even after the period of two years, if the complainant satisfies the Forum/Commission that he/she has sufficient reasons for not filing the complaint within such period.