We have often seen NRIs seeking the help of litigation lawyers in India because of the false allegations initiated against them. Living overseas away from their country and their roots is always challenging and if on top that someone takes advantage of their situation and files baseless charges against them it almost breaks them.
Although most of the charges/accusations against them are baseless, unfounded or non-existent, it becomes fearful for the NRIs to visit India and manage their assets. More than often these charges are an effort of friends, relatives or others to prevent the NRIs from coming to India. They tend to depend on their friends and family for the management of their properties because of various reasons, being unable to travel to India frequently is the most basic one.
These invalid implications are made to seize the property or maintaining its illegal occupancy.
Requirement of Litigation Lawyers in India
NRIs need the help of lawyers as they face issues such as –
- The fear of getting arrested
- The loss of the ownership of their property in the country
- Their Passports being confiscated
- The fright of never being allowed to leave the country
After being declared Proclaimed Offenders (POs), it becomes problematic for NRIs to get trustworthy legal representatives to manage their criminal litigation case. They are often forced to stay outside the borders of the country as if they are in exile. They are just left with the wish to get a chance to India and claim what is rightfully theirs i.e. fair shares to their lost properties.
Ironically, thousands of POs who continue to live outside the country for years in fear are not conscious of the fact that the cases against them could be resolved through proper representation in the court.
The NRIs, most of the time, gets in this situation without any intentional fault. The lack of updated and clear documents or the issuance of Power of Attorney (POA) is most common factors that put them in this problem.
Certain precautionary steps can be taken to avoid the property issues. These steps can help them to protect themselves from any fraud such as illegal sale or possession of their estate or false criminal litigation or transfer of assets. The following steps can help them –
- Maintaining proper and appropriate documents related to the property.
- Holding validated title deed, current updated documents with ground reality of the property.
The documents should contain
- the description of the property
- explicit mention of the size and area
- specific mention of the owner’s name
- all the aspects of the assets after the proper evaluation of the same
- translated into understandable language
- clear information about what the NRIs own and possess in India
- Issuing Special Power of Attorney instead of General Power of Attorney
These small steps are enough for NRIs to fight and protect themselves from criminal litigation and any other property dispute. If they ever find themselves in false case they should immediately seek help of Litigation Lawyer in India.