This problem is fairly common with Indian residents living in India as well, but it has been noticed more common in the case of NRIs. The reasons which we consider are the following:
- NRI’s are not present in India to occupy their properties
- As they are living far away so cannot make frequent visits, they are compelled to entrust the control to near friends or relatives
- Over a passage of time, the occupants or the relatives/friends could turn greedy
- It is generally observed that properties are left with caretakers for years and years without any proper management or interference by the actual owners. This turns up that the actual people residing start considering themselves now the property belongs to them as the actual owners will never come. Here the problem starts.
- An effective and enforceable agreements with the tenants is missing in most of cases, and this tempts the tenants or care takers to turn hostile.
- Properties without caretakers or tenants and not frequently visited are a great opportunity for land mafia to trespass and grab them
- Most of the NRI owners often find themselves victims to the strong nexus between politicians, land mafia and police, which is impassable for an overseas person visiting for a short period, and often, it results in NRI losing their assets forever.
What does the term “possession” imply ?
Possession means exercising actual control over an object, whether you own the object or not. In India, even a possessor of an object or property enjoys certain judicial protection against third parties even if he is not the actual owner. This protection to him is given under law against any unlawful act of violence against the possessor. The rights of occupants come from the fact that the owner – NRIs, in this case- haven’t looked at their properties for years and so the occupants continue enjoying rights. Moreover, in case the NRIs don’t visit to take a look at their properties for long period, trespassers can forge the documents and take the possession making it difficult for them to be evicted.
Lawyers understand that the eviction process becomes more or less a nightmare for and NRI sitting miles away. Notices sent to vacate property are not very effective always. Forged documents and false information becomes the obstacle and thus dragging the matter for years giving endless frustration and little hope of a conclusive positive outcome from the cases. Thus, for such issues and disputes, people turn up towards real estate lawyers to have their matters sorted out.
Solutions offered by NRI Global Services
What most Indian NRIs living overseas are not aware of is that all such cases of Illegal possessions and disputes can be successfully challenged in the courts and legal rights of the rightful owner can be restored. Civil court remedies are available, and personal appearances of the plaintiff NRI can be managed through competent legal representatives. If people are interested to seek a proper legal advice on such matters, they would be able to find a valid, practical solutions to such issue of illegal possession. Remedies are provided under the law to restore back the properties to the rightful owners, or can protect any third party trespassing or interfering with the peaceful possession.
A. Preventive remedies
- One should make a well drafted effective Owner-Caretaker agreement and should make a well-defined and legally enforceable Landlord- Tenancy agreements for a fixed tenure. It is advisable to all that one must always define the status of the occupant in the agreements entered.
- As above mentioned, agreement must be for a fixed period which can be renewed further with written consent and fresh agreements ne executed. Advisable is that do not let any other person enjoy the possession of your house for a long time. The owner must keep changing the occupancy, whether it’s caretaker or the tenants.
B. Actual Remedies
- Section 5 of the Specific Relief Act, 1963 a person who is dispossessed of his property can get possession by title.
- Section 6 of the Specific Relief Act, a person dispossessed may recover his right merely by proving previous possession and subsequent wrongful dispossession.
- The government is proactive to forbid any such illegal possession. Government has taken many measures and the issues reported are addressed vide police complaints on any such matters – especially as far as NRIs are concerned.
- A person who apprehends trespassing or wrongful dispossession can lodge a written complaint with appropriate authority.
- A written complaint can be submitted to the Superintendent of Police (S.P) of the area where the property is situated in person, or by way of registered post or even an email.
- In case the Superintendent of Police fails to take any action or respond, a private complaint can be filed in the Court 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.
Services offered by NSG ?
We provide you complete support with assured efficacy, full competence, and complete transparency in the legal representation on your behalf to handle all such cases. We have a team of dedicated lawyers and extended network to take care of such matters even if the overseas citizen can’t be physically present in India. Starting from the pre investigation and information collection related to the entire case matter followed by the actual filing of the case, representing & continuous managing of the litigation for the rightful ownership, we take care of everything. We manage the entire litigation process on your behalf and the applicant client is not required to make frequent travels to India.
What protections can you take?
It is imperative and advisable that all NRIs should have their documents in the correct order and manner. This would include the title deeds of properties, the mutation or the Will documents. Additionally, the purchase documents of the property would be required as well all the bills paid in context to the said property. We further advise that, during the process, if there is a need for a Power Of Attorney, they should make sure that while making one, they must take all due precautions and safety nets. It always helps to take the help of a legal service expert.