Litigations – Avoid it; Get your property documents in order!

Litigation lawyer

There is a strong feeling that over the past few decades, unfortunately, India has become a hub of corruption, frauds, black money and scams. Property disputes are on the rise too. Invariably, people come to us seeking legal advice from our expert litigation lawyers. To curb these, the government is doing everything possible from implementing demonetization to seizing benami properties.

Creating a transparent environment for all the citizens has become a major focus for the present government. In order to achieve this, the Indian government is introducing new rules and exercising new limits related to investments, finance, and property. This step directly or indirectly affects not only the permanent citizens but also the NRIs.

Even with the government trying its best to eradicate corruption, human nature still remains a huge barrier. Due to various reasons, the NRIs tend to depend on their friends and relatives for the management of their properties. Despite strong laws, this dependency often leads to problems such as unauthorized occupancy and even loss of ownership entirely.

Living away from roots is always challenging, and on top of that when NRIs are faced with false allegations in the country to which once they belonged, it becomes tough for them to manage things. Though most of the time these accusations are either baseless or non-existent altogether, it becomes dreadful for the NRIs to visit India and maintain their properties here. Often these false litigations are initiated by the friends, relatives or others. These invalid implications are made to prevent them from coming to India and seizing their property or maintaining its illegal occupancy.

Certain precautionary steps can be taken to avoid all the property issues that NRIs face without any intentional fault such as Updated documents and issue of Specialised Power of Attorney (POA).

Often knowing all the details about the property is not enough. Maintaining proper and appropriate documents required to claim the ownership is necessary. It is imperative for an NRI to possess validated title deed, current updated documents with ground reality of the property to protect themselves from any fraud such as illegal possession or selling off their land or false criminal litigation or transfer of assets.

Maintaining updated property documents can help NRIs prove their innocence and claim their property at any point in time.

The necessary documents include:

  • Clear document stating the description of the property
  • Explicit mention of the area and size
  • Explicit mention of the name
  • Details of the property after the proper evaluation the same

Translation of the documents in the language understood by the NRIs is necessarily required.

These documents should clearly state information about what the NRIs own and possess in India.

For an NRI, it is tough to travel to India from time to time to manage their property and protect themselves from any fraud. Thus, they need a viable solution which is available as Power of Attorney (POA). The POA document is a crucial document which may even be used against us if not made properly or if handed over to the wrong person.

The POA is a legal document which authorizes some other person to act on behalf of the owner (the NRI). There are two types of POA – General POA and Special POA.

  • The General POA gives the authority to act on the NRI’s behalf in all general matters, which also means that the POA holder may even take advantage of the received power.
  • The Special POA is a legal document that authorizes the other person to act on certain matters on the NRI’s behalf. It is a restricted document that limits the action of the POA holder.

Thus, it is beneficial, in fact, essential that NRIs give special POA instead of general POA.

The issuance and hence usage of POAs is a very sensitive matter which should be handled carefully by all NRIs to avoid troubles and confusions later on. Along with it, it is must to keep all the property related documents up-to-date.

Criminal Litigation Against NRIs and Overseas Citizens

Criminal Litigation Against NRIs-Nri Legal Services

“A DAY IN PRISON IS LONGER THAN A THOUSAND YEARS” DON’T LET THAT HAPPEN TO YOU!!!!

A huge number of our NRI clients come to us because of false litigation initiated against them. Most of these charges are either unfounded or baseless. To top it all NRIs have to be fearful of coming to India on account of such fraudulent charges. More often than not, relatives, friends or others initiate such action against NRIs simply to prevent them from coming to India. The motive is to grab their property or maintain illegal occupancy. In totality, NRIs are faced with the following issues –

  • Fear of being arrested or their passports being confiscated
  • The anxiety that they would never be allowed to leave the country
  • The subsequent loss of their properties here.
  • Many who have been declared proclaimed offenders (PO’s) and are not able to get trustworthy lawyers for representation to manage their criminal litigation have to languish outside the borders of the country.
  • Such victimized NRIs simply keep waiting for a chance to return and claim their inheritance or rightful shares to their lost properties.
  • Ironically, thousands of PO’s who continue to live in fear overseas for years are not aware that the cases against them could be resolved through representation in the court.
  • Such POs can now be successfully defended in the appropriate courts of law.
  • Several such people who have contacted us from different parts of the world have now been able to get rid of the stigma of being called PO’s and have gone on to successfully defend themselves to recover and restore their full rights.
  • On an inquiry where a client is involved in a criminal case in any court in India, the very first step is to read and review the complete case file to take an informed decision on how to proceed further.

If any NRI is caught in these situations, he should not delay in asking for legal assistance or guided opinion from the team of legal experts at NRI Legal Services.  What all such POs need is an understanding, efficient, competent legal expertise. This would assist them in handling the entire legal scenario for the NRIs. The company offers all of this – and more – to all clients who approach us. Being one of the top law firms in India, NRI Legal Services uses its proficient team to represent, solve and finalize all NRI property or litigation dispute cases to suit the convenience of overseas citizens. In most situations, overseas citizens do not have the correct knowledge about procedures or formalities. Therefore they need sound legal advice to find solutions, and that is something they are assured of when they approach the company.