00:00Hello friends, a warm welcome. This is Advocate Dipindarjit Kaur working as a legal associate at NRI Legal Services.
00:07Today I am going to apprise you all regarding the property related issues of NRIs.
00:12Non-resident Indians are often the victims of the property encroachment since they are living overseas with limited ability to
00:20manage their properties in India.
00:22The land belonging to the NRIs becomes an easy target for encroachment because the wrongdoers know that the NRIs are
00:31not able to supervise their property and they are also aware of the fact that it becomes very difficult for
00:37the NRIs to fight a legal battle.
00:39Usually, these kinds of properties which are owned by the NRIs are either joined or are given to the tenants,
00:48relatives, friends or some third party to take care of in their absence.
00:53As usual, what happens is greed plays its part and mischievous elements do not hesitate to seek illegal claim or
01:03have already claimed possession illegally over that particular property which was given to them for supervision by the NRIs in
01:12their absence in good faith.
01:14Now, as an obvious solution, what the NRIs can do is that they can approach the court of law and
01:21seek redressal.
01:22But, on the other hand, the courts are already overburdened with such kinds of property disputes and it becomes very
01:30difficult for the courts to provide relief to the NRIs as expeditious as it is required.
01:37Further, NRIs are forced to sell off their properties at throwaway prices, a strive to win at any cost in
01:45the property disputes by the rich in the real estate market as a matter of ego.
01:52And dominance continues, which causes an immense harm and dominance continues, which causes an immense harm and loss to the
01:57NRIs.
01:58Further, an amicable settlement or a prompt resolution by the way of arbitration disputes resolution system has worked very well
02:09to an extent in most of the cases.
02:12However, it is possible if and only if the matter is well represented by a legal expert who leads arbitration
02:22or out-of-court settlement in order to reach at a conclusion.
02:25Now, one of the most important factor which plays a vital role in dispute resolution is by the way of
02:34an expert legal agency, which provides them an appropriate legal advice and solutions in order to reach at a fruitful
02:42conclusion.
02:43Now, one of the major drawbacks of being an NRI is living far away from their homes.
02:50This is not only a drawback in an emotional sense but also in a legal sense.
02:56Time and again, NRIs all across the globe have faced many kinds of disputes such as illegal possession, tenant disputes,
03:06illegal sale of their hard-earned property and various other issues.
03:10Also, NRIs have faced many kinds of disputes which are related to the ownership, status or title of their property,
03:20verifying of all the documents, etc.
03:23So, this is the time where NRIs most often get confused or worried looking for an appropriate legal advice for
03:33free and hassle-free resolution to their problem.
03:36Now, further, we will discuss what are the various causes of property disputes.
03:42Most of the disputes are pertaining to the title of the immovable property.
03:47Saying that a person has a good title over the immovable property refers to the fact that such a person
03:53has a right and interests over that particular property along with use, possession and income which is accrued by way
04:03of rent, etc.
04:04So, you need to have a clear title which must be supported by the appropriate documentary evidence.
04:12Another kinds of disputes arise from the claims through co-owners or the joint owners, disputes because of easementary rights
04:23and various other issues which are involved.
04:26Another kinds of disputes arises when one party to the transaction, after receiving the earnest money or the advance money,
04:36refuses to perform his part of the contract and what he does is approaches another buyer and takes consideration from
04:43him as well.
04:44So, in these kinds of disputes, what the previous purchaser can do is that he can approach the court of
04:51law and contest for his title.
04:53There are also delays in delivery of possession by the builder to the buyer.
04:59And other kinds of disputes arise when one party inherits a property through a gift or under a will.
05:07Whenever a person acquires such a property, the another party may raise a contention that such a process of transferring
05:14the property through a gift or under a will is not valid under the eyes of law.
05:20With respect to the inherited property, disputes may arise when a purchaser buys a property without having any knowledge that
05:29it is already an inherited property.
05:31And other kinds of disputes are related to the real estate, real estate disputes occurs due to fraudulent transactions.
05:40So, these kinds of fraudulent transactions can be avoided if a person is a little cautious and well-informed.
05:47Now further, I will elaborate these kinds of property disputes which are faced by NRIs and how NRIs can avoid
05:55such kinds of property disputes.
05:56First are the disputes pertaining to the ownership of the property.
06:02Saying that a person has a good title over the immovable property refers to the fact that such a person
06:08has a right to enjoy rights and interests over that particular property.
06:12So, you need to have a clear title which must be supported by the appropriate documentary evidence.
06:19Since NRIs are living far away from their ancestral properties, it is always advised to execute a valid registered document
06:29in order to protect one's property from any kind of interruptions from some third party.
06:35Also, NRIs must also have clarity as to the ownership status of their property, exact location, person in possession of
06:46that particular property, any latest development or regional plan and current valuations which the NRIs must know and which can
06:56be made known to them through a proper title search which is conducted by a reliable law firm.
07:02So, you need to have a valid title as to the real estate property you own.
07:09If we talk about the title frauds, title frauds are most common whenever you buy a standalone property.
07:17So, in order to avoid these title frauds, a person must verify all the documents properly and you can also
07:25use the services of a lawyer if required.
07:28And other kinds of disputes are related to the willed or inherited property.
07:33Disputes relating to the willed or inherited property are also quite common.
07:38Whenever a person acquires a property through a will, the another person may raise a contention that such a process
07:47of transferring the property or inheriting the property is not valid in the eyes of laws.
07:53Now, because of the absence of the digitized land records in our country, title frauds again become very common.
08:03Now further, disputes with the tenants pertaining to the property given on rent by NRIs.
08:09Most of the times, NRIs have left over their property under the tenant's care and they do not return back
08:16for long durations to keep a check on it.
08:19As a result, what happens is, the tenants take advantage of this situation.
08:24Now, they are not ready to pay the rent or they are not ready to vacate that particular property even
08:32after the expiry of the rent agreement.
08:35So, it is always recommended that a duly registered rent agreement should be appropriately defined and signed by both the
08:44parties.
08:44Now, in case the tenant is not vacating the property, what the landlord can do is that he can send
08:52him a legal notice.
08:53If still, the tenant is not vacating the property, then the landlord can approach the rent codes.
09:02Now, it is always recommended that the contract should be renewed by a rent agreement expert lawyer and all the
09:10payments should be kept up to date.
09:12Preferably, all the payments which are made to the landlord should be made through checks or bank transactions.
09:22So, these were the kinds of property disputes which were faced by NRIs with all the possible solutions to it.
09:30So, friends, if you found this video informative and productive, please like and share.
09:36In case of any query, you can drop a comment below or can write us on query at the rate
09:42nrilegalservices.com.
