At NRI Legal Services we provide a comprehensive suite of litigation services in India for civil disputes to our clients through our Affiliate law firm in India. We offer end-to-end services for legal representation for any kind of litigation regarding movable and immovable assets of Non-resident Indians in India. Our singularly focused approach towards any legal matter is to provide our clients a quick and fast resolution effectively, without compromising the client’s interests and within the ambit of Indian law. We are practical and understand the value of a client’s time and money.
We offer full blown legal representation in courts, for all types of civil disputes as an effective remedy to all our clients through our Indian affiliate Mindsprings Associates LLP. A leading law firm in India, Mindsprings Associates LLP has its head office in Chandigarh, and has about 500 lawyers spread across the length and breadth of India, working in tandem with a highly experienced team of lawyer’s team at their Head Office. This network of the best legal minds in India has been built over the last twenty years and provide legal representation to our clients in all major jurisdictions of India, without the need for our NRI clients to frequently travel to India. A highly competent team of document specialists is always working with legal teams to effectively support them in gathering evidence and fact finding on behalf of the clients in all legal matters.
We have the requite strength, scale and capability to take on any type of civil litigation however complex the matter maybe or however arduous the litigation is. We have a professional and aggressive stance on cases filed in court. This also works as a pressure tactic to make the opponent understand that our client sitting thousands of miles away is ethically and comprehensively represented through us and their mere absence should not be construed as a weakness
Our litigation services for civil disputes are broadly classified under two types
- On-going litigation
- New litigation
Ongoing litigation: These are matters wherein matters re already filed in a court of law i.e. they are sub-judice. In such a scenario it becomes imperative to obtain the case file of the subject matter and review the complete facts in order to have:
- Complete understanding on the matter
- Current stage of the case
- Detailed SWOT Analysis of the matter
- Finalization of strategy to be pursued in order to deliver the outcomes desired from the litigation
New Litigation: These are matters where a new case needs to be filed in the relevant court of law in India.
In order to file a new litigation in courts our team of experienced lawyers executes a thorough review of the facts and documents pertaining to the matter. Based on this thorough review the client is presented with a detailed approach of the recommended legal strategy and type of litigation warranted.
Our review delivers clear insights to the client on the following:
- Whether the legal rights of the Client in relation to his assets are tenable in a court of law?
- The type of litigation that is most likely to deliver the outcomes that the client desires
A hallmark of our litigation services in India for new matters is that we accept any new litigation only if we arrive at a conclusion (based on the review conducted) that there is strong case that can be made out and we can deliver the outcomes via litigation that the client is desirous of. We also clearly outline all aspects of the proposed litigation being suggested to the clients including risks involved, so that the client is completely empowered with full understanding on their matter before formally engaging us for representation.
The various types of Litigation services offered are:
Litigation pertaining to immovable assets:
- Suit for Declaration for declaring the ownership of the property or declaring any document like illegal sale deed etc. null and void.
- Suit for Possession for challenging illegal occupancy by the opponents.
- Suit for separate Possession and Partition.
- Eviction Petitions/Rent Petitions.
- Suit for Permanent Injunction for restraining alienation of the property in any manner.
- Suit for Mandatory Injunction for seeking direction of the Court for the opposite party (caretaker, licensee etc.) to vacate the property.
- Petition for Grant of Letters of Administration.
- Suits/Complaints under Consumer Protection Act where the builder has failed to deliver possession of the property within time as required vide Sale Agreement
- Suit pertaining to Adverse Possession.
Litigation pertaining to movable assets:
- Suit for Rendition of Accounts.
- Suit for Recovery of Money.
- Suit for Grant of Succession Certificate.
- Suit against bouncing of cheques.
You do not have any rights in your step–father’s property as his children and your mother, being class 1 legal heirs, will have right over his estate.
How can one claim his/her right over movable properties such as bank accounts, shares and fixed deposits?
One can always approach the court in order to file a petition for obtaining the succession certificate, which basically will give access of the properties to the holder of the said certificate.
Please note that the partition suit varies from case to case. There is no prescribed timeline for the conclusion of the suit. However, on an average, it takes about 2 – 3 years to get the property partitioned.
If a Will is duly executed and registered by the owner of the property, but it disqualifies one of its legal heirs and does not give any reason for it, can that legal heir challenge the Will?
To answer your query, the disqualified legal heir can challenge the Will as no reason has been given to disqualify him by the executant of the Will. Will can also be challenged on the ground that it was made due to undue influence, duress, or lack of mental capacity.
My father died in the month of November last year. He did not leave any Will behind. How can I claim the property he owned?
In such a situation, the property owned by your father shall devolve upon you, your siblings and your mother in equal shares. For this, an appropriate suit can be filed in a court of law if all the legal heirs do not agree for an amicable settlement. If all the legal heirs agree, then the property can be transferred in their names by approaching the concerned authority.
My father purchased a property in Delhi in 2000. He constructed the house in such a way that me and my brother do not have a quarrel later on. However, my brother has occupied my floor too and is not letting me use it for my personal use. My brother’s wife is carrying on her boutique business without my consent. Is there any way that I get my floor back as my father has passed away?
In such a situation, an appropriate suit seeking partition and declaration can be filed in the court of law claiming your share in the property.
My father purchased a property long back. We are three siblings – 2 brothers and 1 sister. After my father’s death in 2008, my brothers did not give me my share and said that being the daughter, you were not entitled for 1/3rd share. Can I claim my share from my brothers?
In such a situation, you are well within your rights to claim your 1/3rd share in the property. An appropriate suit can be filed in a court of law.
Sir/Mam, my father owned a property in Chennai. As he was living with me in Canada, he gave possession of the house in the hands of a caretaker. It’s been 5 years that we have visited our property. Now we want to sell off the property, but the caretaker is not ready to vacate the property. What should we do?
Since the property possessed by him is in the capacity of a caretaker; as a result, he cannot claim his title over the same. An appropriate suit can be filed against him so that he gives the peaceful vacant possession to your father. Thereafter, the sale can be executed.
Firstly, the legal heirs of the deceased are required to file an application to concerned department along with the requisite documents like the death certificate of the deceased, identity proofs of the legal heirs etc. Next, if no objection is made by the authority, then the certificate is granted.
What happens if the opposite party does not turn up in the court in order to delay the litigation?
Once the summons are issued by the court upon the opposite party, it will be served by court on the address of the opposite party provided by the Plaintiff. Plaintiff should ensure to provide the correct address of the defendant so that the summons are duly served upon the Defendant. The Plaintiff may also seek a permission from the Court under Order V Rule 9A (Dasti summons) to effect service of the summons upon the Defendant on its own to further ensure that the Defendant is duly served.
In case the Court and the Plaintiff are unable to effect service of summons upon the Defendant after using all the reasonable diligence, the Plaintiff may apply to the court to seek permission to effect service through the way of a publication as per Order V Rule 17 and Rule 20 of the CPC. The service of summons upon the Defendant is presumed to be effected by way of such publication, and in case Defendant still does not appear in the case after giving him opportunities, the suit is proceeded ex-parte against him.
Any consumer who is aggrieved by order of a commission can prefer an appeal in the higher commission within a specified time period from the date of the order. The appeal can be preferred
- against an order of the District Commission before the State Commission
- against an order of the State Commission before the National Commission
- against an order of the National Commission before the Supreme Court
The “transfer of property” implies when a living person conveys some property to some other person immediately or at some time in the future.
Post the Consumer Protection Act 2019, the claims till 1 crore are heard by the District Consumer Commission. The claims beyond 1 Crore upto 10 crores are heard by the State Consumer Commission, and the claims beyond 10 crores are heard by the National Disputes Redressal Consumer Commission.
A complaint has to be filed within two years from the date on which the cause of action/deficiency in service arises. However, a complaint may also be filed after the period of two years, if the complainant satisfies the Forum that he/she has sufficient reasons for not filing the complaint within such period.
The typical procedure of the Civil Suit is governed as per the provisions of the Code of Civil Procedure 1908. Briefly stated, the initiation of the civil suit is generally from the Institution of the suit, moving on to Admission of the matter, service of summons, appearance of parties, filing of reply by the opposite party, framing of issues, stage of evidence, arguments and lastly the judgment.