There is a recent trend with NRI’s wishing to sell their ancestral or previously acquired Real Estate. The land is simply transferred by way of natural succession depending on the applicable law i.e. Hindu Succession Act or Indian Succession Act.
We have seen many issues arise over the years. These include
- The transfer of property is challenged by relatives in India. The relatives claim to be owners by way of some forged documents.
- The property must be transferred on basis of the Will.
- There are forged Wills made by relatives in India.
- Non-residents generally leave the properties with the closest relatives or friends to look after, receive rent, make any renovations etc.
Unfortunately, it is common for these relatives/friends and tenants to take undue advantage of the absence of an NRI in India. They know it is difficult for an NRI to make frequent visits and to check all the details pertaining to that property.
Some remedies include civil suits such injunctions i.e. restraining the other property from alienating the property, Sue for possession to take back the possession from the relatives/friends, Rent petition for eviction of tenant.
We provide legal Solutions to NRI’s including Emergency and interlocutory interventions, arbitration services, expert assistance in matters of Indian succession and property law, international family law, giving evidence and appearing as an expert witness on Indian law in foreign courts, Trust Laws, Probate Research, Service of Summons, Field Trip Reports, Advising Foreign Lawyers, Title Searches, Real Estate, Indian Civil & Criminal Law, Inheritance law giving evidence on Indian law in foreign courts and formation of Trusts, Land and Revenue Laws and conducting investigations, Documents Verification, Land/Property search, Rent/ tenancy matters, Vetting & drafting of documents, Conveyancing, Writs, Recording of evidence, Title declarations, Rent Cases, Ejectment cases, Possession and Partition, Family dispute cases etc.
We can also provide services of a certified translator, court reporter and notary.