Role of civil lawyers during property dispute and partition in India

Role of civil lawyers during property dispute and partition in India

According to some civil lawyers property dispute is a common practice in India during the partition of property.

Every household, unfortunately, goes through some or the other property dispute during partition.

Sometimes back we were approached by Mr Vikas regarding a property issue with his brother while partition. Mr Vikas lives abroad while his brother lived in India. Mr Vikas’s brother kept all the good share of land and property to himself and gave all low-value land to Mr Vikas.

The plight of Mr Vikas was genuine, and therefore we took up the case. First, as property lawyers, we had to devolve all the partition done by the brother and then again file for the fresh partition plea.

We did a fresh and complete calculation and evaluation of the property keeping in mind Mr Vikas’s interest on the forefront.

And eventually, we succeeded in making a fair partition where everybody got the equal shares as per their respective rights.

Because property issue is common and the toughest to resolve in India and everywhere else we must be aware and informed of few things:-

What counts as property dispute?

Illegal possession of property:  When there is disagreement regarding the ownership of the property and it is alleged that a property is possessed illegally and is not authorized.

Title disputes: When the registration of a property is challenged.

Rental Disputes: When landlords and tenants dispute regarding possession of the property, rent dues, terms and conditions of the rental agreement.

Other common areas of property litigation are:

  • Land Leases including agricultural land
  • Land Acquisition Cases
  • Partition of Property, Disputes resulting from ancestral and self-earned property

Whom to approach in matters of Property Dispute?

Civil Lawyers.

You must find a civil lawyer for full legal assistance in India. They are specialized in a wide range of areas and provide legal advice and handle cases like:-

  • Ownership/rent recovery
  • Reclamation of land or premises from unlawful occupiers
  • Rent and service restoration charges under long leases
  • Site plan clearance services
  • Tenancy cancellation agreements
  • Rent contract and Security Deposit disputes
  • Applications for relief under lengthy contract agreements with builders
  • Boundary disputes
  • Disputes over financial interest/s in property (commercial or family law bases), Mortgage disputes, Property and Banking disputes
  • Misrepresentation and fraud in property cases
  • Planning consent disputes – Change of Land Use Agreements (CLU)

Civil lawyers for Property disputes contest complex property issues and assist clients in the negotiation and legal drafting of personal, commercial and residential property issues.

Thus they have the experience and expertise to provide clients practical legal advice apart from a complete legal representation, based on the client’s need.

Property eviction lawyer’s advice on issues of property possessions

Property eviction lawyers

We have had NRIs come to us looking for property eviction lawyers as they face the issue of illegal possession of property. It is the most common property dispute NRIs face as they are unaware of the steps that they can take to avoid the situation.

They make investments using their hard earned money to secure their future if they return to India or to earn profits by selling the land at the higher price on a later date. But with the change in time and due to unfortunate experiences, the investment in India has reduced as people fear for the safety of the property.

Why do NRIs seek the help of Property Eviction Lawyers?

The NRIs pursue property eviction lawyers so that the legal aids can assist them in protecting their land from trespassers, encroachers and illegal possessors.

The easiest targets of the trespassers or encroachers are the Open properties that NRIs buy as investments.

Property can be taken over illegally in two ways. These are:

  • Usage of forged documents by trespassers to challenge the legal owner’s rights and forcing them to send the land at a value much lower than the true value.
  • Refusal to vacate the property by a tenant even after expiration of the lease or tenancy period and thus, overstaying illegally against owner’s will.

Thus, it is necessary for the NRIs to know about the choices available at their disposal to protect their property from the trespassers.

Protection of the property:

To prevent illegal possession of the asset, an NRI can:

  • Make use of a Special Power of Attorney (POA) to give specific rights to a trustworthy friend or relative who can regularly check the property.
  • Retain all the original and updated documents related to the property such as registered sale deeds, title deed, possession letters, tax bills, maintenance receipts, telephone and electricity bills, etc. with one’s self.
  • Take help from an expert property lawyer to implement any legal documents such as lease agreement, tenancy agreement, and caretaker agreement.
  • Before signing any legal document, enquire and aware one’s self about all the laws regarding the maintenance of assets, lease, or eviction of tenants.
  • Provide written information about the property and one’s absence from India to the police.
  • In order to prevent any trouble in future, register and present a photocopy of the tenancy agreement to the police after execution.
  • Interact and stay in touch with the neighbours and managers of the building so that if anything illegal happens to the property, they inform the owner.
  • Have regular visits to the property so that the locals can know about the owner of the property and people don’t consider it an easy target for trespassing.

It may happen that even after taking all the necessary, precautionary steps, following each and every law, one becomes a target of illegal possession of property. If this happens, one shouldn’t make any delay in taking mandatory steps, such as seeking help from property eviction lawyers, to get his/ her property back.

Know the facts on Property Disputes

Property-dispute

Before acquiring, investing, transferring or gifting a property one should have the right answers for all the right questions to avoid Property Disputes. Having the knowledge about all the rules and regulations and understanding them can help the process much easy.

Some of the Questions one must have answers for as to evade Property Disputes are as follows:

Q1. Who can purchase immovable property in India?

 PermissionPurchased by

NRI

PIO

Foreign National of Non-Indian Origin
Resident in IndiaNon-Resident
With prior permission from RBI (Reserve Bank of India) 

 

 

 

 

Residents of Iran, Nepal, Pakistan,Bangladesh, China, Sri Lanka,Afghanistan, and Bhutan can procure assets other than Agriculture/Plantation Property/Farm HouseProperty other than Agriculture/ Plantation Property/ Farm House
Without prior permission from RBIProperty other than Agriculture/ Plantation Property/Farm House

 

Property other than Agriculture/ Plantation Property/Farm House

 

Property other than Agriculture/Plantation property/Farm House are subject to approvals and fulfilling the requirement if any, prescribed by any other authorities.

Note – other than the residents of countries mentioned in above column.

 

On contract not beyond 5 years

 

 

Q2. Who can acquire immovable property by way of Gift in India?

Immovable Property can be acquired by way of gift either from:-

  • a person resident in India or
  • an NRI or
  • a PIO

 

PermissionAcquired By
NRIPIOForeign National of Non-Indian Origin
Without prior permission

 

Residential/ Commercial Property other than Agriculture/Plantation Property/ Farm House

 

Residential/ Commercial Property other than Agriculture/Plantation Property/ Farm House

 

Foreign National of Non-Indian origin resident outside

India cannot acquire any immovable property in India as a gift.

 

 

Q3. From whom can a non-resident person acquire immovable property by way of Gift?

  • A Resident Indian
  • A person resident outside India (i.e. NRI or PIO)

 

Q4. From whom can a non-resident person inherit immovable property?

A person resident outside India (i.e. NRI or PIO or foreign national of non-Indian origin) can inherit immovable property from

  1. a person resident in India
  2. a person resident outside India

However, the person from whom the property is inherited, if a non-resident, should have acquired the same in accordance with the foreign exchange law in force or FEMA regulations, applicable at the time of acquisition of the property.

Q5. Can and to whom an NRI/ PIO/Foreign National sell his residential/commercial property?

 

PermissionSale by NRI toSale by PIO toSale by foreign National Non-Indian origin to
Including citizens of Pakistan or Bangladesh or Sri Lanka or China

Afghanistan or Iran or Nepal or Bhutan.

With Prior permission from RBI

 

 

 

PIO

Person Resident in

India

NRI

PIO

 

Without prior permission

 

Person Resident in India, NRI, PIO

 

 

Person Resident in India, NRI

 

 

 

 

Q6. Can and to whom a non-resident owning/holding an agricultural land/a plantation property/a farm house in India sell the said property?

 

PermissionSale by NRI toSale by PIO toSale by foreign National Non-Indian origin to
With Prior permission from RBI

 

 

 

 

Foreign national of non-Indian origin resident outside India would need prior approval of the Reserve Bank to sell agricultural land/plantation property/ farm house in India.

 

Without prior permission

 

Person Resident in India

 

 

Person Resident in India

 

 

 

 

Q7. Can a non-resident gift his residential/commercial property and an agricultural land/a plantation property/a farm house in India?

 

PermissionGift by NRI toGift by PIO to

Gift by foreign

National Non-Indian origin to

With Prior permission from RBI

 

 

 

 

Foreign national of non-Indian origin resident outside India would need prior approval of the Reserve Bank to sell agricultural land/plantation property/ farm house in India.

 

Without prior permission

 

Commercial/ ResidentialAgricultural/ Plantation/ Farm HouseCommercial/ ResidentialAgricultural/ Plantation/ Farm House 

Person Resident in India, NRI, PIO Person Resident of IndiaPerson Resident in India, NRI, PIOPerson Resident of India