ILLEGAL POSSESSION – When family turns foe, homes become battlegrounds!

illegal possession

 

‘Till Death do us apart’ is a status that all marriages would work well on. However, real life doesn’t reflect that-separations, acrimonious divorces, partitions of property, fights over assets seem to form as much a part of the reality of marriages as honeymoons and holidays do! Deception and allegations are frequent in the course of separation; plus, property matters especially illegal possession of property forms a sizeable chunk of the problems that could occur during such situations. These issues become tougher for NRIs to handle since they cannot even be frequently in India. The legal team at NRI Legal Services is often faced with cases of this kind.

Take the case of Nimisha Porecha, owner of a reasonable size of property in the state of Maharashtra. This included five shops and a huge house at the outskirts of the city of Pune. She had moved to New Jersey, the USA about twenty years ago after her son got married in India. Unfortunately, differences started cropping up between her son and his wife pretty early in their marriage, and five years after he got married, Nimisha’s son Jaiyesh also moved to New Jersey. Back in India, Jaiyesh’s wife Niyati occupied the entire house. The fact that she had some fake documents with her to use to her advantage made the matter worse.  Worse, she gave away three of the shops on rent. When Nimisha tried to resolve the issue by visiting India, she was disappointed to see that in spite of the efficiency that the judiciary boasts of she was not able to find any respite in her case. The complexities of the legal procedures were more upsetting than reassuring. Her difficulty to travel frequently to India added to her inability to handle the issues efficiently. Nimisha had lost her husband just a year before her son’s marriage. Left alone now, she was keen to divide her property between her children-three sons and a daughter- while she was still hale and hearty. Naturally, she wanted to make sure now that Niyati would not occupy the entire property and her other children are rightfully given what belonged to them.

It was a clear case of illegal possession of property that Nimisha was faced with. She contacted the New York office of NRI Legal Services after her son saw an advertisement of the company legal expert on Television. For them to hear that the matter could be resolved without traveling back and forth to India, was a blessing enough. She handed over the relevant documents to the local office and then onwards it was sheer coordination between the NRI Legal offices in New York and Chandigarh, with adequate support of the legal team in Maharashtra that sailed mother and son through the entire process of law. They were reassured that they could be in touch with the legal experts as frequently as they wanted the video chatting system. Resolving issues of fraudulent documentation, forgery, and possession occupation, the company lawyers were finally able to address the matter in a smooth and efficient manner for the mother-son duo.

During any such case, NRI Legal Services can assist in dealing with the illegal possession of property. For NRIs, getting their property vacated or getting illegal possession evicted is not an easy task – especially since they can’t always be there to take care of their property matters. Sometimes, they are not even aware of their rights and the procedures they can adopt to save themselves from fraud. Appropriate legal consultation is necessary for resolving these matters in a fair manner. The company has a real estate division offers services to clients for handling all such issues. A comprehensive report is prepared as per the requirements of the client.

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