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Most of the Indians living abroad certainly have some immovable property in
India. It could be an ancestral land or house or a self acquired piece of land
or a flat.
An NRI would be keen to know his right to inheritance in the property owned by
his grandparents or parents. There are cases where
- The land is simply transferred by way of natural succession depending on the
applicable law i.e. Hindu Succession Act or Indian Succession Act.
- The transfer of property is challenged by relatives in India. The relatives
claim to be owners by way of some forged documents.
- The property has to be transferred on basis of the Will.
- There are forged Wills made by relatives in India.
- Non residents generally leave the properties with the closest relatives,
friends to look after the property, receive rent from the tenants, make any
renovations if needed, deal with the government authorities on their behalf.
Some people rent out their property to a tenant.
Mostly the consequences are:
Land/property in India been usurped by the relatives……
Tenant refusing to vacate the premises even after the expiration of the lease……
Property in India been sold by others under a forged Power of Attorney
certificate?
Illegal squatters occupied and/or built property on your land in India ?
Very common for relatives/friends and Tenants to take undue advantage of the
absence of an NRI in India. They know it is difficult for an NRI to make
frequent visits, supervise the case personally.
Mostly remedies include civil suits such injunctions i.e. restraining the other
property from alienating the property, Suit for possession to take back the
possession of the property from the relatives/friends, Rent petition for
eviction of property from tenant.
You can send us your query on any kind of property issue on
query@nrilegalservices.com or click on
Send a Query.
Simplified Version of the Acts:
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Hindu Succession Act, 1956 (click here for detail...)
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Indian Succession Act, 1925 (click here for detail...)
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