NRI Property Disputes in India - FAQ
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Someone is occupying my property in India illegally while I live abroad - what can I do?
A suit for recovery of possession can be filed, and if the dispossession was recent (within six months) and forcible, Section 6 of the Specific Relief Act allows recovery without even having to prove full title, which is faster than a standard title suit.
Do I need to travel to India to handle this?
Not necessarily - you can appoint a trusted person through a Power of Attorney, executed abroad and attested by the Indian embassy or apostilled, to represent your interests, attend to formalities, and instruct lawyers on your behalf.
Can a relative sell my property without my knowledge?
Not lawfully if you are the sole or a co-owner and have not authorised it, but fraudulent transfers using forged documents or impersonation do happen - periodic checks of encumbrance certificates and mutation records for property you own in India are a sensible precaution from abroad.
How do I even find out what's happening with my property from another country?
Encumbrance certificates, mutation records and property tax status can often be checked online through the relevant state's land records portal, and a local advocate can physically verify the property's status and obtain certified documents on your behalf.
What if my case requires me to appear in court?
Courts can permit appearance by video conference in many circumstances, and evidence can also be recorded through a commission, reducing the need for physical travel for every hearing - though some matters may still require at least one in-person appearance.
Where do I start if I suspect something is wrong with my property?
Message on WhatsApp for an initial assessment - this can often clarify within one conversation whether urgent action (like an injunction) is needed, or whether the situation allows time to plan a more measured response.
Discuss your specific situation
Every case has details a general FAQ cannot cover. Request a Free Initial Consultation on WhatsApp or call +91 90450 08046 to talk through your situation directly with Advocate Aayush Agarwal.