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الخميس، 22 ديسمبر 2011

Problems Being Faced by NRI's in Respect of Their Property in India

After purchase of immovable property they find either title of the property from whom they said is purchased is not clear or the property /land purchased is already mortgaged or given on lease to somebody else. As such, NRI's should make proper enquiry/ search revenue record either personally or through some reliable legal firm to know the status of the property before purchase.
Sometimes, NRI's find that the Seller was not authorized to sell the property purchased by them and the Seller has sold the property on the basis of fake Power of Attorney. NRI's should normally try to avoid purchase of property from Attorney Holders and if unavoidable, should make sure that the Power of Attorney is genuine and is properly registered and stamped by the Registration Authorities.
Some NRI's give their Agricultural Land on lease to their Relatives or Friends for cultivation in their absence but on return from foreign country they find it difficult to get back their land due to dishonesty of their Relatives or friends. NRI's should, therefore, given their Agricultural land on lease under proper Agreement duly drafted and vetted by some reputed legal firm/lawyer having adequate knowledge of Indian Revenue Laws and conversant with its Rules, regulations and procedures.
Similarly, NRI's also face problem in respect of Residential or Commercial Property given on Rent for non-payment of rent by tenants, undesirable changes or alterations made in the premises thereby undermining the utility of the premises and taking back the possessions of the said premises for their personal necessity/use. NRI's are, therefore, advised to give their residential or commercial premises on lease/ rent under proper agreement duly drafted by knowledgeable lawyer/legal firm. Periodical collection of rent /supervision by their legal attorney/lawyer shall help to mitigate this problem.
Some NRI's leave their properties uncared and on their return find that the same have been encroached/ taken possession of by somebody else. NRI's should, therefore, never leave their properties uncared /unattended. However, in case of such an eventuality, NRI's should immediately engage some good lawyer/legal firm and authorize him to take remedial steps /file civil/criminal cases against the encroacher as your lawyer may deem fit so as to take back the possession of the property.
Some NRI's give Power of Attorney or authorize their known persons to look after their property or collect rents in their absence and on return they find that their Power of Attorney has been improperly utilized by the Attorney Holder and their property has been transferred in somebody else's favor. As such, NRI's should normally avoid giving Power of Attorney and if unavoidable, get the same drafted from some good lawyer/legal firm.

Article Source: http://EzineArticles.com/?expert=Mansi_K_Sabharwal


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