Is mediation an option in property disputes?

Yes. Courts may refer cases for mediation to avoid long trials.

Can tenants falsely claim ownership?

Yes, it happens. You can contest it with proper documentation and seek eviction legally.

Are family settlement deeds valid in court?

Yes, if properly executed and registered, they carry legal weight.

What documents are needed to defend a property case?

Sale deed, title proof, tax receipts, utility bills, PoA, and identity/address proof.

What is the course of action for assets not mentioned in the will?

Any asset not mentioned under the will is considered part of the residuary estate and may pass to legal heirs in accordance with the prevailing personal law of intestate succession, unless the will includes a residuary provision.

Can I get a stay order on my property as an NRI?

Yes. You can request an interim stay to prevent sale or construction during litigation.

Can NRIs file or defend a property case from abroad?

Yes, through a registered PoA and legal counsel, or via virtual   appearance in court.

What key documents are necessary for the transfer of property through a will?

Key documents that are deemed necessary for a transfer through a will include:

  • Original will (preferably registered)
  • Death certificate of the testator
  • Legal heir certificate (if applicable)
  • Identity/address proof of beneficiaries
  • Probate order (if necessary)
  • Title deeds and property tax records for the property

Can a will be handwritten?

Yes, a handwritten will is legitimate in India if it is signed by the testator and witnessed by two people. It must clearly state the testator’s wishes. Though legally legitimate, handwritten wills may result in conflicts, therefore, professional drafting is advised.

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