Illegal Possession of NRI Property in India; Here's what you need to do

NRIs have been facing the issue of illegal possession for a very long time. If you are an NRI and are facing a problem in protecting your ancestral or old property from illegal possession in India, then this article is for you. 
 

What is Illegal Possession?

Illegal possession is when someone who is not a lawful owner of a property occupies it. 

The occupation of such property can be through forged documents, fraud, or through valid agreements in which the timeline for possession has passed or expired. 

A person who enters someone else’s property with the intent to commit an offence or to intimidate or annoy any person is said to have committed the offence of criminal trespass. 
 

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Issues relating to Illegal possession faced by NRIs

You, as an NRI, might face illegal possession in any of the following ways:
 

1. Joint property with a non-NRI

If the property is owned by more than one owner consisting of NRI and non-NRI(s), and the possession of the entire property is taken up by one (or more) of the non-NRI co-owners without giving any share to the concerned NRI. 
 

2. Illegal possession by tenant

When the NRI property has been given on rent, and the tenant refuses to either pay the rent amount or vacate the property. 
 

3. Illegal encroachment 

When a person knowingly has taken possession of property belonging to an NRI by way of illegal means such as forged documents, etc. 
 

Legal Remedies Available to NRIs against Illegal Possession 

The first step that an NRI must take is to consult an expert lawyer that deals in NRI property matters. Below are some legal remedies that might be available to you if you deal with illegal possession. 
 

1. In case of Illegal Possession in Joint Property 

• Send a Legal Notice to the co-owners of the joint property with the help of your lawyer . In case of ancestral property, you can also send notice informing that you are seeking partition. 

• File a civil case in an appropriate court. Depending upon the nature of the relief sought and the facts of your case, a suit of injunction, possession, declaration, or partition can be filed. A civil suit can be filed with the h elp of a lawyer. 

2. In case of Illegal possession by Tenant

• With the help of a lawyer , send a Legal Notice to the tenant asking for vacation of premises and payment of dues. 

• ?If the tenant does not leave the premises and/or does not clear the dues, you can file a suit for recovery in a court of appropriate jurisdiction. 
   

3. In case of Illegal Possession/Encroachment 

• File a Police complaint with the help of a lawyer . It can be filed at the police station by your lawyer or any other person empowered by you through a power of attorney. 

• In case no action is taken by the police against the accused, you can file a criminal complaint with the NRI Commission of the State (if available) with a prayer to direct police officials to take legal action against the wrongdoer. 

• A criminal complaint can also be filed before the Magistrate in verbal form or in writing, mentioning the details of the offence committed. 
   

Do you Need a Lawyer?

In order to safeguard ancestral and other properties from illegal possession, consulting a lawyer , filing a police complaint and seeking the intervention of courts remain crucial for NRIs. You must stay aware and keep timely checks and inspections at your property. For this, you can empower someone through a Power of Attorney which can be made by the help of a lawyer. 

If you are faced with the issue of illegal possession, you must hire a good lawyer well versed with laws related to such matters relating to NRIs. Only he/she can guide you best on how to proceed with your difficult and particular situation. 

For more information on property issues for NRIs, click here. 

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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