How do arbitration centres in India help in resolving NRI disputes?

Centres like ICADR and state arbitration centres provide infrastructure facilities, procedural assistance, a panel of experienced arbitrators across sectors, and a robust framework to conduct arbitral proceedings – which makes arbitration smooth and efficient for even complex NRI property disputes.

What is arbitration, and what are its key benefits for property disputes?

Arbitration is a private, court-like proceeding in which disputing parties present their cases before an arbitrator who reviews the evidence and then gives a binding decision or award. Key benefits are enforceable outcomes, technical expertise of arbitrators, neutrality, and cost and time savings compared to traditional litigation.

How can the local District Legal Services Authorities in India assist in mediation? 

District Legal Services Authorities (DLSAs) conduct Lok Adalats, which serve as dispute resolution forums where trained mediators assist those who voluntarily approach them with disputes, including NRI property disputes.

What are the key advantages of mediation for NRI property disputes?

Critical advantages of mediation include – faster and cost-effective resolution, flexibility to shape customized solutions, preservation of relationships, maintenance of confidentiality, and a neutral mediator who objectively facilitates the process without imposing decisions.

What is mediation, and how does it help in dispute resolution?

Mediation helps resolve disputes faster and at lower costs while preserving relationships. It is a voluntary and confidential process. Parties reach a mutually acceptable settlement agreement through a neutral third-party mediator.

Why are court cases not always suitable for NRI property disputes?

Court cases for NRI property disputes can be lengthy, expensive, and emotionally draining, and they may permanently damage relationships between family members. After years of litigation, there is no certainty of favourable outcomes. Outcomes are also imposed rather than mutually agreed upon.

What are some common property disputes faced by NRIs in India?

Some common property disputes faced by NRIs in India include illegal occupation by tenants, fraudulent sales or transfers by caretakers, unauthorized sales, title disputes, illegal construction, inheritance and partition disputes within families, and payment issues with rent, electricity, taxes, etc.

What happens if tenants overstay after the rental agreement expires?

Tenants become liable for eviction if they overstay lease expiry without permission unless the rent agreement is formally renewed with landlord consent.

Can tenants sublet a portion of the rented property to another party without informing the landlord?

Tenants require consent from the landlord as per the agreement to sublet any part of the rental property, failing which can be grounds for eviction.

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