No, just having possession of the property doesn’t mean you are the owner of the property. You will become the legal owner of the property only after a transfer deed is registered in your name.
Archives: FAQs
Can ownership be transferred through an agreement to sell or through GPA?
No, Courts have clearly mandated regarding the valid transfer which could be only through a Valid registered Transfer Deed, and any kind of agreement to sell or GPA alone will not create a legally valid title on the property.
Can a Transfer deed be registered in any state other than the one in which the property is located?
No, a transfer deed needs to be registered in the same state where the property is located
Can a transfer deed be executed in a regional language?
Yes, a transfer deed can be registered in the regional language, the one which is officially recognised in that state.
Can NRIs recover money from fraud or forged transactions?
Yes, subject to facts and limitations, NRIs can file civil suits for cancellation and recovery and may also pursue criminal complaints for cheating or forgery to strengthen pressure for settlement.
What is movable and immovable asset litigation for NRIs?
It includes disputes over both movable assets (money, shares, investments) and immovable assets (land, flats, houses) where NRIs seek recovery, partition, or protection of their rights.
Can Indian courts enforce orders in favor of NRIs living abroad?
Indian courts can pass and enforce orders for NRIs, including property possession, injunctions, and monetary recovery.
How long do property cases usually take to resolve in India?
The time required to resolve property cases in India is not fixed, and there are various factors that impact this. Some RERA and consumer matters get relief in 1–3 years, while complex civil suits may take longer; the right choice of forum and strategy can significantly affect speed.
What types of property controversies could non-resident Indians handle while being in a foreign country?
Non-resident Indians are able to initiate cases of partition, move to the court for the cancellation of sale deeds if those are made by fraud, remove illegal occupants or tenants forcibly, and file a claim against a builder for delayed or non-delivery of flats.