Protection of NRI’s Property

Property law in India is a vast subject, whereas an NRI (Non-Resident India) is ruled under special regulations set up by RBI under FEMA (Foreign Exchange Management Act). According to the RBI Laws that serve NRI’s in India do not restrict them in the number of residential or any commercial property purchased by an NRI in India.

NRI’s Real estate investment has always been an attractive option for them, especially concerning having a connection with India, with their roots. There is always a fair amount of confusion about NRI’s land laws & their implications in India. Through this blog, we will guide you about the kind of property that an NRI can purchase & also how to protect such properties.

What kind of property a NRI can Purchase in India?  

NRIs are allowed to purchase residential or commercial properties in India, but they are barred & not allowed to purchase any agricultural land, farm house or plantation property in India.

NRI’s Property – Burden Bearer or Responsibility? 

Under FEMA (foreign exchange management act) an nri can avail property in India & the property can be moveable, immovable, tangible or intangible (intangible property like shares, bonds, and intellectual property rights like patents, copyrights, etc. are also a part of property law in India, avail for an NRI).

Generally, NRIs have their ancestral properties and these properties of NRIs are either jointly owned or given to their relatives or tenants or any third party to take care of them in their absence. 

NRIs are far away from their native place, which makes it a very easy target or golden opportunity for the illegal occupier as illegal property possession because an NRI is not able to visit India frequently to take care of the properties.

So if you are an NRI & you were looking to protect your property, we at lead india can surely help you with that. 

We at Lead India have some experts as lawyers for drafting and filing a civil suit for any unauthorized or illegal possession of an NRI property. We have experienced Property lawyers who are available to assist NRIs in understanding the property law in India & helping them to sail through the process with Their documentation with confidentiality and at zero stress.

How NRI can protect their property in India – An Important Question!

This could be nearly an Impossible task if an NRI has not taken this below-mentioned cautious advice

Professional Help – NRI should hire the best advocate in their contact book, for maintaining their agreement papers, and inheritance paper, make updates to him/her of some changes in laws of India or take care of their let-out properties to tenants.

Must have original documents – Keep the original documents handy. such as a deed, copy of will (if any), jama-bandis, mutations, and original purchasing documents.

Fencing/boundaries of the vacant properties and there must be a board sign mentioning the name or title of the owner, this can prevent the property from intervention by the 3rd party in India, physically.

Regular revamping (updating) in govt. records the important documents like sale agreement, title deeds, jama-bandis, and mutation papers must be availed in the land records department, as in original papers, to seek relief under our laws of such encroachment by providing the original papers under our specific relief act of 1963 (section 5 & section 6).

Public notification (must) – it is important for the owner (nri) who has inherited or bequeathed an nri property to put up a notification in the 2 local newspapers and keep copies of the same in case for future reference.

NRIs can hire a caretaker/ tenant – with proper agreement paper & the verification of both the caretaker and the tenants.

What steps can be taken when the property has been encroached?

Step 1. The first step is to ensure that all the legal documents of the property are organized and in place with your property lawyer.

Step 2. Making a police complaint: the police complaint is made with proper original documentation, proving ownership of the property of the respective jurisdiction, in this case in point, the specific relief act, 1963 (article 5 and article 6) can provide back the possession to the actual owner.

Step 3. Negotiation and out-of-court settlements: the negotiation can be done with the persons who have encroached on the property for out-of-court settlement and it can be done with some legal experts or mediation experts.

Step 4. Professional help on filing a complaint at the police station: it is advised to take the help of any legal professional for getting back the possession of the property, legal suit needs to be filed so as to get an order from the court against the encroachment or to obtain a restraining order or stay (injunctive) relief on illegal property possession.