Owning a property in India is frequently associated with both financial stability and emotional significance for Non-Resident Indians (NRIs). However, because they are owned by absentees, these properties are susceptible to unauthorised occupation, also known as land grabbing. Preventing complicated and expensive legal disputes requires proactive property protection. This guide will assist non-resident Indians (NRIs) in protecting their property lawyer in India from unauthorised possession or encroachment.
1. Maintain Orderly Property Documents
Make sure all records pertaining to property, including tax receipts, mutation records, and title deeds, are current and safely kept. Digitise these documents and maintain copies in several places. In the event of a dispute, missing or out-of-date documents may make your claim less strong.
2. Consistently Keep an Eye on the Property
Regular surveillance aids in preventing illegal occupation. If you are unable to visit in person, designate a reliable friend, family member, or property management company to make routine inspections. CCTV camera installation can also serve as a deterrent and, if necessary, provide proof.
3. Use Secure Signage and Fencing
Trespassers may be deterred by physically securing the property with walls, fences, or boundary markers. Clearly mark who owns the property and warn trespassers that they will be prosecuted.
4. Continue to pay utility and tax bills
It is essential to pay water, electricity, and property taxes on time. This prevents third parties from claiming abandonment and strengthens your ownership. Keep payment receipts on file for future use.
5. Exercise Caution When Executing a Power of Attorney (POA)
Give a Power of Attorney with caution if you need someone in India to look after your property. To prevent abuse, restrict the POA to certain duties like bill payment or property rental, and pick a reliable person.
6. Lease Out Unoccupied Property Prudently, encroachers target vacant properties.
Maintaining occupancy may be facilitated by renting the property to dependable tenants. To safeguard your interests, make sure your rental agreement is properly written and filed with the appropriate local government.
7. Maintain Current Knowledge of Local Land Records
Make sure there haven’t been any fraudulent transactions against your property by routinely reviewing the local land records. In the majority of states, land records are accessible online, which facilitates remote tracking of changes.
8. Complain to the Police About Encroachers
File a police complaint right away if you witness unauthorised occupation. Present all the paperwork required to prove your ownership. The legal process may become more complicated if action is delayed.
9. Look for Legal Recourse
See a property lawyer to file a civil suit for trespassing or eviction if the encroachment continues. Regaining possession may be accomplished by utilising laws like the Transfer of Property Act and provisions of the Indian Penal Code.
10. Designate an Indian Legal Representative
Having a lawyer on file guarantees that disputes will be resolved quickly. For effective handling of matters, pick a reputable law firm or lawyer who focusses on property laws for NRIs.
In conclusion
For NRIs, unauthorised occupation is a major worry, but the risks can be reduced with proactive steps. Important actions to safeguard your property include being watchful, keeping accurate records, and promptly obtaining legal counsel. You can manage your assets in India from a distance with peace of mind if you work with knowledgeable legal advisors.
With a focus on NRI property issues, RK Legal Advisors India LLP offers trustworthy assistance with protecting, overseeing, and settling property-related conflicts in India. Get in touch with us to safeguard your rights and safeguard your investments.