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Unfortunately, sometimes local authorities also aid in these unlawful activities. That calls for the need to seek advice from law experts. This kind of an illegal possession can also happen when a tenant refuses to vacate. We strongly suggest adopting strong measures to avoid entrapment in these issues.
Cases of properties illegally occupied when looked at minutely are often by caretakers long forgotten, tenants with undefined status, or in those that have been lying abandoned for years, which makes them an easy target for people with nefarious intentions.
No words can be enough to drive home the importance of physical and actual control regarding establishing ownership. Ownership without possession is meaningless. In fact, it is not incorrect to say that physical control takes precedence over title deeds too.
This problem is fairly commonly seen in the case of NRIs. The reasons for this are –
NRIs, in some cases- haven’t looked at these properties for years and they continue enjoying rights. Moreover, as mentioned earlier too, trespassers can forge documents making it difficult for them to be evicted. Property eviction lawyers understand that the eviction process becomes more or less a nightmare for anybody sitting miles away. Notices sent to vacate property are not very effective always. Forged documents and false information become the impediment to any positive growth. For such issues and disputes, people look towards real estate lawyers to have their matters sorted out.
1. Preventive; 2.Actual
It is imperative that all NRIs have their documents in the correct order and manner. This would involve the title deeds and even the mutation or Will documents. Also, the purchase documents of the property are required too -along with all bills paid. Even if there is a need for a Power Of Attorney one has to be sure of making one with all due precautions and safety nets. It always helps to take the help of a legal service expert.
One of the most frequent complaints that we receive from NRIs is their property disputes and claims against Builders. Although I respectfully ask you to end this case, I will always be indebted to you and keep you as my number one choice if any other legal help is needed with any of my other properties in India. May god bless you and make you even more successful. As I have said always, it’s people like you who make India proud. Please let me know if I can help in any way.
BY KALYANRAO PEDDIREDDI B.COM(HONS) in Company Secretary & Business Administration; L.L.B & L.L.M (Constitutional Law of India, U.S. American Constitution, Swiss Constitution, British Constitution); Former District & Sessions Judge, now lives at Hyderabad.
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