Property and land dispute in India?
Key to deal with Illegal sale and illegal possessions!

Property and land disputes in India are one of the most common issues that an NRI faces. This issue often forces them to sell their estates in the country as they are unable to manage the land and review its current status. It becomes a mental and physical hassle for them to travel to India from time to time to maintain and protect their properties from illegal sale or possession, encroachers, trespassers, etc.

It is important for an NRI to mutate and transfer the property in his name whether he has acquired it as an inheritance, gift, or by buying. This will help wade off the people who illegally try to grab other people’s land.

The NRIs often have only two options either they travel to India as frequently as possible and maintain the estate or appoint a caretaker on their behalf who would report them continuously and manage their assets.

Real Estate market is very competitive. Although there are various laws to protect property investors and owners, cases of cheating and fraud are very common. People tend to take advantage of NRI’s situation and illegally occupy or forge the property documents to sell their land.

Property and Land Disputes in India – Ways in which an NRI can be cheated

There are various ways in which an NRI can be cheated causing the loss of ownership of the property.

Fake documents: The people aiming to illegally sell or occupy the property that NRIs own often forge the ownership documents claiming to be the real owners. These people are the caretakers appointed by the NRIs or their close relatives and friends.

General Power of Attorney: One of the most common cases of cheating that an NRI face is when they issue General Power of Attorney (GPA) to another person to act on their behalf and manage their land. As GPA gives liberal rights to the possessor of the document they use the opportunity to sell the property without the owner’s permission.

Encroachments: Encroachment usually takes place when an NRI possess a vacant land. The people often slowly invade the other person’s land and start claiming ownership to the portions of the said property.

Impersonation: When an individual portrays to be someone else or pretend to be someone else is known as impersonation. It is a way of committing fraud or cheating someone of their rights. People often use this method to occupy the land and then sell it under false pretences.

Lease Agreement: The NRIs every so often leases their property which in a way helps them maintain it without having to travel to India from time to time. Sometimes they do not put much effort into making a proper lease agreement which in turn leads to illegal possession or occupancy or sale of the property.

Although it is not easy to judge other person’s character or intentions, one can never go wrong by being aware of the surroundings or laws and maintaining proper property documents keeping in mind that Property and Land Disputes in India is a common practice.

Forgery of papers and misuse of GPA can be avoided, only if the NRI take proper measures such time to time updating the documents and evaluating the property and issuing Special Power of Attorney.

It is said “Awareness is Empowering,” so it can be easily assumed that being aware of the law, the surroundings and the situation the person is in can help protect them from any dispute. The government has been working towards eradicating corruption in the Real Estate Sector as the Property and Land Disputes in India has increased over the last few years. This step along with maintaining updated legal documents will help NRIs to protect themselves from the illegal sale of property.


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