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Can NRI file a property dispute case in India?

Can NRI file a property dispute case in India?

Published At June 24, 2024

Answer

Yes, Non-Resident Indians (NRIs) can file a property dispute case in India. NRIs frequently face issues related to property disputes due to their absence from the country, making their properties vulnerable to illegal occupation, disputes over inheritance and other conflicts. To file a property dispute case, NRIs can follow these steps:

Legal Notice: The first step usually involves sending a legal notice to the opposing party. This can be done by the NRI or by someone authorized through a Special Power of Attorney (PoA).

Civil Suits: NRIs can file various types of civil suits depending on the nature of the dispute:

  • Suit for Declaration: To establish the legal ownership of the property.
  • Suit for Injunction: To prevent the other party from occupying or using the property.
  • Partition Suit: To divide the property among co-owners.
  • Eviction Suit: To evict illegal occupants.
  • Suit for Possession: To regain possession of the property.

Police Complaints: For cases of illegal occupation or trespassing, NRIs can file a complaint with the local police. If the police do not act, they can file a complaint in the court through their advocate.

Special Relief Act: NRIs can seek remedies under the Specific Relief Act, 1963, which includes provisions for recovering possession of the property.

Alternative Dispute Resolution (ADR): NRIs can also opt for ADR methods such as mediation and arbitration to resolve disputes efficiently and cost-effectively.

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