Repatriation of Property
Property is a piece of land or some other movable or immovable possession which holds some monetary value. Property always have one owner. India has certain set of rules governing property laws. In India properties are registered under registrations act.
Many times property is transferred illegally in name of some other person by illegal sale or illegal transfer of property. Property laws in India favors those who have possession of the property. To bring back the property in its original state in name of the original owners of the property is called repatriation of the property.
Ways in which possession can illegally be taken
Following are the ways by which a property can illegally be taken from the actual owner of the property: –
Power of Attorney: –
NRI people before moving to another countries place their properties in hands of a person of their trust for caretaking of the property. Further as they do not have time to look upon the matters of the property they make power of Attorney in name of the recipients so that they can make all the legal decisions required in place of them. Power of Attorney is a document which vests property powers in hands of the person chosen by the owner. Power of Attorney is made for special cause. Through power of attorney powers such as sale of the property can also be granted. Often people in whom name powers are vested through power of attorney uses its power for wrong cause and transfers the property in their own or some other person’s name.
Forging of documents: –
Forging of documents is another common method for illegal transfer of property. Documents forging means to alter the real facts of a document and use it in own name. Forging documents can be done through actions such as making fake wills, alteration in real property documents, alteration with personal ID’s of people. Forging is a fraud which is faced very commonly by the NRI people. Making of fake wills for registration Intekaal is committed by the forgers to eliminate some other shareholders right from the property.
Impersonation is to impersonate fake image of some other person for self-interest or self-gain in the property. Impersonation is when a person gains some other person’s identity and then appears in the court to gain self interest in the property. NRI people are deprived of their property rights by impersonation. People impersonate identity of the actual owner of the property who is not present at the time and then appears in the court or registrar’s office to accelerate fake sale or transfer of the property.
Illegal possession of the property: –
Another way an NRI can be deprived of its property is Illegal possession of the property. As NRI people move abroad, their property is left behind in India without any caretaker. NRI people sometimes hands property in hands of their friends or relatives or a person of their trust for caretaking. Often the persons of trust illegally passes the possession of the property to some other person or holds the possession of the property for self and refuse to return it later. This situation is illegal possession of the property.
Landlord tenant dispute: –
Moreover a situation arise in which landlord and tenant have possession dispute. NRI people gives their property for tenancy so that property is kept maintained, also to earn as an extra source of income. However the property whose possession was passed for tenancy is then not released by the tenant. Tenant start treating themselves as the real owner of the property. Landlord tenancy dispute generally occurs due to formation of weak tenancy documents or due to hold of possession for a very long period of time.
Ways for Repatriation of property
Police complaint: – An NRI person victim of the illegal dispossession from property or victim of trespass can file police complaint to the local S.P in whose jurisdiction that property is situated.
Legal Action: – If there is no remedy taken out of the police complaint procedure then the remedy can be taken out of the court application. Victim can file complaint and claim remedy from the courts. A special power of attorney can be used by the advocate for when the person cannot appear in court in India.
Specific relief act: – NRI people can take remedy from the specific relief act. Under section 5 of the specific relief act a person can get back possession by stating title. Also, under section 6 possession can be reinstated by proving previous possession.
Team NRI legal
Our associates working in field of property law can be contacted for proper guidance in property disputes. When the question comes to settling the property disputes, it is better to take guidance from best property lawyers in Chandigarh. Our team provides counselling through call and video communication. Also walk in counselling can be earned through appointment. There are different situations through which a property is taken off from the person and Repatriation of property shall be done with assistance of experienced property lawyers.