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Karan S. Thukral: Best NRI Lawyer Property Disputes, Fraud & Succession in India

Owning a property in India, when you are living abroad can be a real challenge and a huge tussle. With so many hassles like illegal encroachments, keeping the property clean, paying the taxes on time, and maintaining the property is not as easy as it seems. Hence, you need to make a way out to avoid any issues. In this case, if you plan to rent the property then by finding a credible tenant, verifying the tenant, collecting the rent regularly and keeping a check on the property can be really tricky.

Best Divorce Lawyer in India Karan Thukral

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Our Testimonial

Thukral Law associates are one of the most presumed law offices in India on purpose. The associates and the staff are exceptionally proficient and effectively agreeable. Mr. Thukral himself handles the cases with complete transparency and uprightness. My case was dealt with well overall and I was refreshed at each progression of the procedures.

Mr. Raj Bahadur

Extremely Professional and Charismatic Lawyer having highly impressive drafting & arguing skills. Also, the transparency level they have with their clients is just great despite of the fact that they are running an International Law firm.

Mr. Mohit Gupta

I stay in US, the office lawyers were available and the communication with Mr.Thukral was exceptionally professional and smooth. Communication plays a vital role for a client to discuss a matter from time to time with his Attorney and in my case it was absolutely praiseworthy. I can’t thank Mr.Thukral enough.

Mr. Ishpreet Singh

We at Thukral Law Associates, led by Karan S. Thukral, have specifically devised a client-transparent system, wherein all your property management needs are fulfilled, without you traveling to India. If you are looking for NRI property management services, Thukral Law Associates is what you need to seek out.

Karan S. Thukral is the Best NRI Lawyer for Property Disputes in India, a trusted Property Fraud Lawyer for NRI in India, and a reliable Succession Lawyer for NRI in India.

NRI Property Legal Services

Real Estate Services

Transfer of Property

Landlord-Tenant Dispute

Builder/Developer Claims

NRI Laws / NRI Lawyers

International Child Abduction

International Arbitration

Foreigners Registration

Title Documents Search

Property Law (Inheritance, Illegal Grabbing, Fraudulent Transfer, Sale, Purchase)

Property Management (Security, Tenancy, Possession)

Selling or Disposing of Your Property Made Easy

In case you intend to sell or dispose of your property, self-acquired or ancestral, and not sure how the process shall be taken up, then you can be assured that the TLA Legal Counsels shall make the journey very smooth. Our Lawyers shall take care of the complete documentation and process till it is smoothly concluded. If you are willing to come down to India, all documentation shall be prepared beforehand and shared with you even before you visit for your verification and to save time. Therefore with TLA Legal Counsels, there is an assurance that you will get something that is pretty hassle-free and comfortable for you. The lawyers shall assist you in the whole process, accompany you to the registration office, and get the documentation completed without any hassles. For hiring an NRI lawyer in India, the best place for you will be Thukral Law Associates.

We have chartered accountants on our panel, which shall further assist and guide you in the process of transferring your funds from India to abroad and knowing your tax implications.

NRI Impact on Indian Real Estate Market

Non-resident Indians have played a significant role in the Indian real estate market. They generally buy properties in India for investment purposes or out of pure emotional connection to the country and if they plan to settle back, once they retire.

According to Knight Frank’s Active Capital report Indian real estate has seen a massive surge from domestic as well as NRIs. According to the report foreign investments in Indian realty rocketed from USD 3.2 billion during 2011-13 to USD 11 billion in 2024,recording a remarkable growth of over 240%. In addition to this, the Model Tenancy Act can help NRIs to explore better options if some of them want to avail of rentals.

Common Real Estate Disputes Faced by NRIs

1. Fraudulent Grabbing of NRI Properties

Issue: NRIs often become targets for fraudulent property grabbing due to their prolonged absence from the country. Unscrupulous individuals may forge documents to claim ownership or illegally occupy NRI properties.
Legal Framework: The Indian Penal Code (IPC), particularly Sections 420 (Cheating and dishonestly inducing delivery of property), 467 (Forgery of valuable security, will, etc.), and 468 (Forgery for the purpose of cheating), provides the basis for criminal action.
Legal Remedies: NRIs can file criminal complaints under the aforementioned IPC sections and initiate civil suits to reclaim their property. The Specific Relief Act, 1963, allows for suits to reclaim possession of immovable property.

2. Forgery and Document Fraud

Issue: Forgery of property documents is a common problem where fraudsters create fake sale deeds, wills, or power of attorney documents to illegitimately transfer property ownership.
Legal Framework: Sections 465 (Punishment for forgery) and 471 (Using as genuine a forged document or electronic record) of the IPC are relevant here.
Legal Remedies: Immediate legal action should be taken to nullify forged documents. Filing a complaint under the IPC for forgery and cheating, along with a civil suit for declaration and possession under the Specific Relief Act, 1963, is essential.

3. Partition Suits Among Family Members

Issue: Disputes often arise among family members over the division of ancestral property, leading to legal battles if not resolved amicably.
Legal Framework: The Hindu Succession Act, 1956, governs the devolution of property among Hindus. The Indian Succession Act, 1925, applies to Christians and others.
Legal Remedies: Filing a partition suit in a civil court can lead to the division of property according to the shares entitled to each family member. Mediation and arbitration are alternative dispute resolution methods that can be pursued to avoid prolonged litigation.

4. Inheritance Disputes

Issue: Conflicts over the rightful heirs to a property can lead to inheritance disputes, especially if there are ambiguities in wills or the deceased's intentions.
Legal Framework: The Hindu Succession Act, 1956, and the Indian Succession Act, 1925, outline the rules for inheritance and succession.
Legal Remedies: Contesting a will or seeking a succession certificate through the court can help clarify and enforce inheritance rights. Courts may also appoint administrators to manage and distribute the estate as per legal heirs' entitlement.

5. Issues with Wills and Succession

Issue: Disputes over the validity of wills and the succession of property can arise due to ambiguous wording, lack of proper execution, or claims of undue influence.
Legal Framework: The Indian Succession Act, 1925, particularly Part VI dealing with wills, governs the legal requirements and validity of wills.
Legal Remedies: Probate proceedings under the Indian Succession Act, 1925, can authenticate a will and facilitate the legal transfer of property. In the absence of a will, applying for a letter of administration or a succession certificate from the court is necessary to establish legal heirs and their shares.

The Court Process for Real Estate Disputes

1. Filing a Case

The initial step in resolving a real estate dispute is filing a case in the appropriate court. This involves drafting a plaint outlining the facts and legal grounds of the dispute.

2. Service of Summons

Once a case is filed, the court issues a summons to the defendant, requiring them to appear in court and respond to the allegations.

3. Submission of Written Statements

The defendant submits a written statement, presenting their side of the story and any counterclaims.

4. Framing of Issues

The court identifies the key issues that need resolution based on the plaint and written statement.

5. Evidence Stage

Both parties present evidence, including documents and witness testimonies, to support their claims.

6. Arguments

Lawyers for both sides present their arguments based on the evidence and applicable laws.

7. Judgment

The court delivers its judgment, which can include orders for possession, compensation, or other remedies.

8. Appeal

If dissatisfied with the judgment, parties can appeal to higher courts, such as the High Court or Supreme Court, depending on the case's merits.

Special Considerations for NRIs

1. Power of Attorney (PoA)

NRIs should execute a valid PoA to a trusted individual who can manage their property matters in India. The PoA must be registered and authenticated by the Indian Embassy or Consulate if executed abroad.

2. Regular Monitoring

Regularly monitor property status through local representatives or property management services to prevent unauthorized occupation or fraud.

3. Legal Documentation

Ensure all property-related documents are in order, including title deeds, wills, and power of attorney documents, and keep multiple copies in secure locations.

4. Legal Assistance

Engaging a competent lawyer familiar with NRI property laws can provide timely legal advice and representation.

5. Communication

Maintain clear communication with family members and co-owners to resolve disputes amicably and avoid litigation.

Investment Options

If you are an NRI, and planning to invest your hard-earned money in India by making a life-long capital-gaining asset, then Our Firm can guide and assist you. We have many options that can fetch you good returns on your investment. Our Firm shall assist you in the whole process of buying such properties, and make sure that the documentation is smooth and concluded conveniently. For an investment aspect, apart from the following, there are many more options which can be explored:

Properties within a price range of INR 8,00,00,00 to 12,00,00,000:

New Friends Colony
Greater Kailash 1 – 2
South Extension – 2
Gulmohar Park
Safdarjung Enclave

Properties within a price range of INR 4,00,00,00 to 4,50,00,000:

Gurgaon, Haryana

Properties within a price range of INR 15,00,00,00 to INR 20,00,00,000:

Guest houses in DLF Phase 1
500 sq yards, Basement plus 3 floor, 16 rooms
Many Plots & Built-Up Houses in DLF-1, 2, 3, 4 & 5.
Different Sizes are also available for sale.

Plots available in Sizes of 5 acres:

Built Up :- 1,60,000 sq.ft. approx
Floors :- 3
Lease :- 30 years
Escalation :- 10% next year
Rent:- INR 35,00,000/-
Demand:- INR 50,00,00,000

Bungalows available in:

Golf Links
Jorbagh
Sunder Nagar
Malcha Marg
KG Marg

Ranging from INR 45,00,00,000 to INR 350,00,00,000

Builder Flats (New & Old), Houses in South Delhi:

Available in different sizes and budgets.

Industrial plots are also available like buildings in:

Udyog Vihar, Gurgaon
Faridabad and all sectors of Noida

Conclusion

Real estate disputes can be daunting, especially for NRIs dealing with properties from afar. Understanding the legal landscape and having access to reliable legal assistance is crucial for protecting property rights and resolving disputes efficiently. At Thukral Law Associates, we specialise in handling real estate disputes for NRIs, ensuring that your interests are safeguarded through expert legal representation and personalised support. Contact us today to discuss your real estate concerns and find effective solutions tailored to your needs.