In regards to the property partition, which generally involves a number of legal proceedings, it is extremely daunting, especially in the case of an NRI, as such a person cannot be present in India. Aspects like sprawling family structures, properties with roughly no documentation, and even complex laws of the land make it extremely difficult for an NRI to partition their ancestral or even self-owned incapacity in India. The document below describes the key challenges faced by an NRI in wanting to partition their property while simultaneously providing detail on how they would be able to tackle those challenges.
- Standing Issues
Like any other country, there are various treaties that India bound itself into, and their number 1 policy in farming, which made all its previous treaties void, is essentially one of the biggest issues in the case of NRIs because of such policies, and there is no need for an NRI to have a standing in this court as it is irrelevant in the case of a new policy being lined as a standing is defined by how the law governs an individual.
Solution:
As a young professional in the West, if you have no intent to return to India, it’s probably in your interest to leave a power of attorney there, as it will eliminate the need for a face-to-face meeting. Confirmation over a call is good enough. A power of attorney will be able to settle all conflicts that arise; in other words, he gets the final call and to say a power of attorney forward by a call while confirming that he still maintains power over.
- Conflicts Between Co-Owners
Partition of property disputes arises in most instances as a result of the disagreement of siblings, members of a wider family, or business co-owners. Conflicts usually arise over a property’s value, share of assets, and sometimes even some owners may not want to be included in the sharing process.
Solution
However, hiring lawyers and going to mediation or settling the dispute can be entertained. If this is not an option open to the parties, then under the Indian laws, a partition suit can be filed in civil courts.
- Absence of Records
In the Indian system of ancestral houses, most of them are not up to date in terms of understanding documentation processes, especially in the area of succession rights. The situation is further worsened because property records in India are not fully computerised, and mistakes in mutation or revenue records are frequent.
Solution
It is the responsibility of NRIs to ensure that the title of the property has a clear ownership and is updated, bearing in mind the rightful or existing co-ownership of properties. A legal professional may assist in establishing and correcting such property records to prevent conflict during a time of partition.
- Encroachment of Properties and Illegal Possession
For some NRIs, having parts of their property illegally possessed or encroached upon by relatives, tenants, or third parties is an unfortunate reality. Being overseas makes it challenging for the NRIs to take preventive measures in case someone engages in some illegal activity regarding their property.
Solution:
Local representatives or property management agencies can be engaged for a regular check on properties. This can help detect encroachments. It may at times be necessary to seek legal remedies such as eviction suits or applying police complaints to get back possession.
- Indian Property Law Gets Complicated with Each State
With every state in India having different property laws, it becomes increasingly difficult for NRIs to comprehend their bases of legality and what their boundaries are. Further partition suits are generally governed by more than just one law, which includes the Hindu Succession Act, the Transfer of Property Act, the Indian Registration Act, etc.
Solution:
For better guidance in legal matters, NRIs should contact well-versed property lawyers who possess knowledge of providing NRI legal services. Such professionals can go the extra mile to provide necessary assistance while making sure that the law is not breached.
- Legal Matters Take More Time Than Expected
What has been concluded is that Indian courts take their time while resolving disputes related to property. It is understood that partition suits can stretch on for several years, leaving the NRI dealing with pain and costing him money.
Solution:
To streamline the procedure, NRIs can look into alternative dispute resolution methods such as arbitration or mediation. Moreover, hiring a competent attorney who is willing to take charge of the case may also help in reducing the delay.
- High Litigation Costs
For NRIs, the partition in property cases can be expensive as they are likely to incur legal fees and travel expenses, among other things.
Solution:
NRIs should associate themselves with a law firm that has clear costs and affordable services. Choosing out-of-court settlements may also help to cut the overall cost.
- Misuse of Power of Attorney
For NRIs, granting a PoA seems to be an ideal option; however, there is always a chance that the representative may abuse the power given to him. Abuse involves unauthorised dealings, fraudulent activities, and failing to carry out obligations.
Solution:
NRIs ought to prepare a specific PoA with detail on the limits of the power and choose reliable people or professionals as the representative. Representatives’ activities should also be checked regularly.
- Emotional and Cultural Challenges
Partitioning cases of property mostly involve families, and as a result, family relations are affected and emotions get the better of these situations. Moreover, family and cultural values tend to improvise the issues where it becomes worse since NRIs are viewed as foreigners.
Solution:
Making sure communication with the family is smooth, along with being respectful, can strengthen them in dealing with such feelings and even cultural issues. If it becomes essential, then seeking mediation from a neutral third party might be beneficial as well.
- Issues Pertaining to Inheritance and Disputes over a Will
When it comes to matters where the property was passed in inheritance, NRIs sometimes find it difficult to understand the will or to contest the will. There can be disagreements as to whether the will is genuine or not, promises of unequal shares of assets, or even claims by illegitimate children, which can make partition difficult.
Solution:
In general, NRIs should make sure they don’t allow ambiguity in a will and do follow all the laws to avoid disputes over inheritance. Legal practitioners are available to help with court proceedings and to make necessary arrangements for inheritance law disputes.
How to Surmount These Challenges
For partitioning concerning the property of different characteristics within NRIs, here’s what can be done:
Specialised legal professionals must be contracted. Consider property dispute lawyers who specialise in NRI properties and border issues.
Records of properties always to be kept current: Properties and their affiliated papers should be updated monthly.
Technology to form a part of management: Employ new methods and property services that can be accessed on the internet.
Educate yourself: Know your laws as well as the relevant statutes related to property when dealing in India.
Settle the dispute outside the court: Utilise a different method other than the outlined ones for quicker results.
Summary
The partition of properties in India is quite challenging for the non-resident Indians because of the legal issues, distance, and family conflicts. Notwithstanding the partition challenges, with proper legal assistance and some aggressive action, partition problems can be effectively controlled. The NRIs will take care to get in touch with competent legal practitioners, should have a complete property mitraan all the while, and look for other alternatives that would allow a partitioned repeat of activities through crisis communication.
At RK Legal Advisors India LLP, we develop and offer services to NRIs who have any other issues related to properties permanently. We have a team of professionals who understand the need to protect your interests and render services to make the legal process smooth. Contact us today to schedule a meeting with one of our attorneys who focuses on property partition litigation.
