How NRIs Can Protect Their Indian Property From Illegal Possession?

Managing a property dispute isn’t easy for an NRI.

Many NRIs across the world face illegal possessions of their property (mainly unattended houses) in several parts of India. NRIs are mostly a soft target for encroachment as the land or the property they own is usually inherited or bought for investment purposes, making it vulnerable to the illegal occupiers.

Even though the problem of illegal possession is difficult to overcome, there are certain effective steps that NRIs can take to protect their property, which is listed as follows: 

Bona Fide Documents

Keep the original documents handy. Such as a deed, copy of WILL, mutation, Original Purchase documents, etc.

Public Notification

The NRI owner can put up a notification of the property in the local newspaper and shall save it for future purposes.

Caretakers

The caretaker cannot acquire or possess the property despite his long possession.

Can An NRI Landlord Evict His/Her Tenant in India?

It is often easy to find a tenant in India and to earn some extra money this is one of the most convenient ways for the NRIs. Nevertheless, renting out a property in India while the owner is abroad, comes with its own set of challenges and threats.  Anytime an NRI rents out his/her property in India; there are certain rights of a tenant that you must keep in mind. These rights are highlighted in the Rent Control Act that was formed by the Indian government in the year 1948. State governments in India have implemented this act in order to provide regulated laws concerning rented properties as well as tenant evictions.

There must be proper care taken before having a tenant to the property. The owner can go through a proper verification with a sound agreement mentioning the provisions of renewal and termination of the agreement. The police registration can be done to protect the property.

Conditions Where An Illegal Possessor Can Get Legal Right Over The Property
In the case of adverse possession under the Limitation Act, 1963, where the original owner does not claim the property for “12 years”, the legal right of the property goes to the present owner.

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