Over the time, we have seen NRIs struggle with various property disputes such as illegal occupancy, transfer of assets, inherited and gifted assets, and much more. They face issues related to ownership or some other related matter such as registry details, the status of the title, etc. and then they seek legal advice to find the best suitable solutions.
What they are not conscious of is that these matters are part of the management of property and they should take help of Property Management Lawyers. Asset management includes operation, administration, and control of residential, industrial and commercial real estate along with maintaining updated documents and knowing the history of the concerned property ownership.
It’s the duty of the Property Management Lawyers to look after all the aspects related to Property Management. It is imperative to understand what a property legal representative can do and what are his responsibilities towards his client.
Services provided by Property Management Lawyers
In the case of Renting of the property:
Advertises about the asset for tenancy and then show it to the prospective tenant.
Handle the lease, collect and adjust the rent as the estate market
Deals with the complaints of the tenants
Deals with the eviction of the renters
Maintain and make repairs to the estate and keep it in proper shape even after leasing it
Make it sure that property is with compliance of government rules and regulations
Serves as a liaison between tenants, site personnel, and landlords
In the case of buying a property or inheritance or gifted assets:
Make sure to help trace the previous and current ownership records
Assist in finding the details of land registry that may be lost or not properly maintained
Help in transfer of the deed in your name by helping in getting the clear title deed and all the updated documents from the current or the previous property owner
Contribute in interpreting the documents in understandable language or English.
Validate the accuracy of the record by making a formal request under Right to Information Act (RTI)
Assist in finding and identifying the property using the old address if the address has been changed.
Role and Responsibilities of Property Management Lawyers
The Role and Responsibilities of the Lawyer are to –
Give legal advice on all the aspects of property management such as market value of the property, tax benefits, restrictions laid by the government, etc.
Specify all the terms and conditions of the sale as well as in purchase deed clearly and as per the law related to contract and agreement.
Deal with the matters relating to title deed, tenants, eviction.
Make the transactions related to the property.
Solve the issues with the deed and any property dispute.
Resolve the problem of trespass, encroachment, injuries, and boundaries.
Help in preparing and evaluating the draft deeds, other documents and then filing them.
Register all the documents with the proper authority and check if any adjustment is required.
Help the clients with title deed problems, insurance, and environmental issues.
Make sure that the inspections and appraisals are done on time.
Evaluate the purchase agreements and leases.
Review all the transactions done by the client.
Represent his client in the court when required.
Participate in the hearings and the trials.
File appeal if necessary.
Negotiate and bargain or make settlements on behalf of his client.
My name is Vikram Khanna, and I am a non-resident Indian (NRI.) My father had purchased property along with his elder brother somewhere in Rajasthan. My father and my uncle owned equal parts of the land. My father died two years ago, and as per his will, his portion of land was transferred to me. I want to use the land to make an apartment. However, I don’t have complete information about the whereabouts and the condition of the property. Also, my relatives have refused to share any information with me. Someone suggested me that I should seek help from a Property Management Lawyer. How can he help me? What should I do to tackle the situation? How long will it take to claim the land? Kindly explain.
My name is Ayesha Khurana, and I am a non-resident Indian. I have filed for divorce from my husband a month back. While sharing details for alimony settlement, he mentioned he owned a piece of land in India. However, as per my knowledge, he owns two pieces of land back there. He is not divulging any details of the other piece. But I want to know everything about that piece of land as well so that I can make sure that I am getting my fair share. What should I do to get the necessary information? Whom should I contact? Kindly explain.
The cases mentioned above are quite different, but the basic solution is the same for both. Both the issues require Property Search service.
The most common problems that NRIs face, when they own property in India, are:-
Either they don’t have the necessary details and documents that are required for entitlement of the land
Or if they have all the documents, they just haven’t updated them or haven’t authenticated the title deeds or checked the reality of the property.
This negligence on their behalf causes them to face issues and problems such as transfer of assets, illegal possession, the sale of land, etc.
Thus, the property management lawyers help them to tackle the situation. They provide assistance wherever required and handle the situation without asking the client to be present physically. They take the following actions:-
Trace ownership records, which aren’t easily traceable.
Find the land registry details, which are usually either lost or not maintained properly.
Help in attaining updated documents and clear title deed of the previous property owner or the current owner. Once all of this is sought out, one can transfer the deed in his name.
Understand and translate the documents written in local languages to English.
In the case of a fraudulent activity such as transferring the land illegally or carrying out an invalid sale or exchange of the property, apply for and retrieve the old documents to know when and how the fraud was committed.
Make formal applications under Right to Information Act (RTI) to validate the accuracy of the papers.
Identify the property using the older address in case the address has been changed.
Clearly, the most appropriate way to handle the above mentioned situations is to hire Property Management Lawyers as they’re expert in this field and know what should be done, how and when to provide the best suited solution.
In light of the high number of queries that we have been getting for various property management issues, we decided to focus our FB Live series on this aspect. Within that, we started this time by addressing the problem of Land Search and Documentation. In the Live interaction with the NRI audience, Nidhi explained the importance of getting your documents in order and also the necessity of getting your title deeds all clear. The following is a glimpse of the session.
Relevance of Property Management
Overseas Citizens usually need Property Management in India
Both distance and time make it difficult for them to keep a tab on their property matters
Many times we have seen and heard the NRIs complaining about their property being commandeered by unwanted elements, for the apparent lack of maintenance of proper documentation
NRIs mainly face problems due to the lack of such details and documents that are required to claim ownership of the same. Usually, NRIs have all the documents, but they just haven’t updated them or validated the title deed or checked the ground reality of the property.
Their Property is either inherited or Purchased
Ownership records not easy to trace out
Sometimes registry details have been lost or not been updated
This can damage their property rights in India
An NRI needs to ask himself the following:
What exactly he owns?
If there is any problem related to his/her ownership?
If there is a clear title for that property?
Can it be transferred?
If he/she has the details about – area of the property, evaluation, and documents of the same and its complete description
10. Current Updated Documents and Validated Title Deed are the few of the most important things that an NRI needs to possess if he owns a property in India.
What Property Management Involves
It is imperative for an NRI to maintain properly updated property documents to protect him/her from any disputes.
Since he can’t do himself, he resorts to the property managers
Documentation is the first step, and it includes:
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
Sometimes even documentation can bring its worries
Documentation can be in vernacular languages – then needs to be translated
The extent of share cannot be fully comprehended through any ownership document available online.
Documentation is most often insufficient for them to get an in-depth view of their exact share or valuation.
Another challenge that one faces in India is that most records have changed addresses and cannot be identified by the older addresses that clients have.
Registered sales deeds which are the primary document of the title are not available either with clients or cannot be found in the archives of the relevant offices or municipal authorities.
A subsequent sequel to this is to go then through courts to establish Title Declaration.
If a fraud like illegal transfer or an invalid sale or exchange has been committed any time in the past, one needs to apply for the older record to verify how and when that fraud was committed. Such older documents are applied for and obtained through legal experts.
Why Us – What Role We Play
We understood the need of having
an exclusive land registry and land records service for just NRIs since the nature of the problems they face legally needs to be handled differently from other problems.
We offer a one stop, committed, diligent, efficient and focused team to handle all such issues.
All NRIs essentially seek a soothing and efficient system – Somebody to relate to their issues, somebody to understand the nuances of both their needs and their limitations, somebody who just knows and does what needs to be done to facilitate the processes;
Somebody who can understand that it is not within their means or understanding to handle the required paperwork.
Neither do they have the time, nor is it possible for them to travel back and forth to India to sort out such issues.
WHAT EXACTLY DO WE DO
Simplification of all details about the land registry and title deeds so that the client can comprehend things clearly.
Giving the client a comprehensive land search report so that he, as the owner gets information about both the area and valuation of his land.
A systematic approach under the guidance of the company property management lawyers related to search, registry, title and then, getting the property ownership documents and records in order.
WHAT IS THE USE OF SUCH SERVICES?
NRIs can safeguard themselves from anything that comes in the futures such as fraud and trespassing.
They can even protect themselves from criminal litigation by proving their innocence with the help of properly maintained documents.
The property management lawyers in NRI Legal Services give free legal consultation on all the matters related to the property. We also help settle the issues, file a case on one’s behalf, evaluate the property, and help obtain all the documents, without your actual presence in the country.
Property Management is the overseeing, operation, and control of real estate whether commercial or personal, equipment or other assets that belong to another person. Property Management Lawyers are responsible for looking at all aspects of Property Management.
The service of Property Management includes:
tenant placement i.e. advertising about the estate; finding, screening and showing the property to the prospective tenant; handling leases; settling, collecting and adjusting the rent and dealing with complaints/emergencies; managing vacating process; dealing with evictions
maintenance and repairs i.e. sustaining the condition of the property and making repairs to keep it in proper shape; making arrangements with the repair services and scheduling it with tenants
administration i.e. assuring the compliance of government rules and regulations; monitoring and reporting financial transactions related to the property; and serving as a liaison between tenants, site personnel, and landlords
Importance of Property Management
Investing in a property is the easy part but maintaining and managing it takes a lot of effort. Therefore, owner sometimes finds himself/herself in legal disputes or being harassed by tenants. In such a case the property manager can help owners safeguard themselves from any conflicts in the future. Property Management is helpful in the following ways:
The property manager is responsible for finding a suitable tenant. It’s his responsibility to sort through all the applications and screen the prospective tenant before signing the lease.
The screening includes checking applicant’s identity, applicant’s rental history, criminal background and running credit checks. Therefore the appointing property manager helps you to protect yourself from any bad experience with the tenants.
Fewer Legal Issues
Although one might know all the rules and regulations related to real estate investment, he/she may not be so informed about the landlord-tenant laws.
Hence, using a property manager for setting, signing or terminating the lease; evicting the tenant; inspecting the property and collecting security deposits can help to safeguard you from any legal issues.
The property manager always tries to remain up-to-date with changes in the real estate market which help him to make the decisions that benefit the owner of the estate.
Such as upgrading of the rental units to attract quality tenants and lower the vacancy rate or adjusting rent as per the market etc.
Role of Property Management Lawyer
The role of Property Lawyer is:
giving legal advice on property management, the estimated value of the property, violations, and restrictions on property, real estate taxes, etc.
resolving any property disputes, deed issues
helping in solving the disputes over injuries, encroachment, trespass and boundaries
responsible for dealing with different problems such as proof of title, tenants, etc., and making estate transactions
evaluating and preparing estate documents, draft deeds, and filing them
helping in registering documents for the clients and checking for various adjustments
revising the terms mentioned in the contracts and agreements
arranging the terms to be specified in the purchase and sales contracts
Responsibilities of Property Management Lawyer
The responsibilities of the Property Lawyer are:
helping the clients with title problems, environmental issues, and insurance issues
evaluating and making inspections, appraisals, purchase agreements, and leases
drafting documents like deeds, contracts and rental and financial arrangements for various transactions and purchases
reviewing transactions and giving legal advice if required
representing the clients in court whenever necessary
participating in trials and hearings, filing appeals, legal pleading and drafting documents