Consulting international lawyers in India for property encroachment

1) Introduction

Property encroachment is when an individual or entity unlawfully occupies or uses another person's property without legal permission. This includes, but is not limited to building structures, boundaries or using land in such a manner that violates the rights of the actual owner. Therefore, it presents substantial legal complexities for property owners, necessitating professional guidance due to the intricacies of land laws, administrative obstacles, and the prospect of protracted legal disputes, even more so in a nation like India, where property laws are influenced by a combination of colonial-era legislation and modern statutes, seeking legal assistance from international lawyers becomes vital in addressing cases of property encroachment. In the age of globalization, characterized by the increase in international investments and cross-border property transactions, consulting international lawyers in India becomes crucial to handle property encroachment disputes.

Evicting those people, legally, who occupy the premises of NRIs can become a real hassle when the issue is left unattended. Encroachment and trespassing are two of the most common issues that non-resident people in the country face today and if required, you may have to consult the services of international lawyers in India so they can send people for periodic visits to the property or put up boards to avoid illegal occupation of the premises.[1]

This article aims to grasp the nuances of property encroachment in India and the need to engage international advocacy to manage the challenges.

2) Key challenges to property encroachment

i) Property encroachment involves legal issues like property rights, land ownership, and trespassing laws, and each state in India has its laws regarding property and land use, ownership, etc. Due to this, it becomes a complex issue.

ii) At the ground root level, it is very draining and time-consuming to navigate through authorities related to resolving property encroachment cases like municipal corporations, revenue departments, etc.

iii) For such cases, obtaining substantial evidence like eyewitness testimonies, property documents, land surveys, etc., can be challenging.

iv) Property encroachment cases involving cross-border parties i.e. disputes between two people or entities belonging to different jurisdictions, leading to the involvement of laws of different jurisdictions, navigating through that country's legal systems, complying with international property laws, etc., creating a situation of conflict of laws, adding another layer of complexity.

v) The lengthy judicial proceedings which last for years or decades can lead to financial and emotional draining of the property owners.

3) Role of international lawyers in resolving property encroachment issues.

International lawyers play a role of paramount importance in dealing with property encroachment problems by offering their legal knowledge. Following are a few ways their assistance is beneficial:

i) They can conduct a thorough legal analysis of cases involving foreign factors i.e. cross border disputes. International lawyers with knowledge of Indian property laws can provide tailored advice and understanding.

ii) The expertise of international lawyers can also help with navigating through cultural nuances and language barriers, which are necessary to communicate effectively and negotiate on behalf of their clients. The fusion of legal expertise, cultural awareness, and linguistic capabilities makes international lawyers crucial coordinators in ensuring a smooth and effective resolution of the problem.

iii) International lawyers with their experience in dispute resolution and diplomacy, can implement better strategies to effectively resolve problems saving time and resources.

4) When property encroachment

There are various ways in which unlawful occupation of your property can be a threat when you live abroad. A few common situations are-

i) when occupants without permission from the owner reside on the owner's property and then produce forged property documents and threaten the owner with them, claiming that they are not the rightful owners. Such people usually have connections with people in positions of power, taking advantage of the power.

ii) when occupants try to coerce the rightful owners to sell the property at an unreasonable price or below the market rate of the property.

iii) When occupants reside on the property longer than the tenure.

5) How to protect property

As the rightful owner of the property, one must have written proof and essential documents related to the property that serve as proof of your ownership of the property. Such documents include title deeds, copies of water and electricity bills, property tax documents, revenue records, etc.

One must regularly renew the contracts of tenants and explicitly mention the duration of occupation.

Keeping in touch with individuals residing in the neighbourhood of the property or family members who can look after the property, and visit it once in a while, will also help the owner.

Consulting international lawyers to send people for occasional visits to the property can also be an alternative.

6) conclusion

Property encroachment is a complex issue, especially in rural parts of India where it is widespread, stemming from informal settlements, rapid urbanization, unauthorized construction, boundary disputes, etc. Property belonging to older people are more vulnerable to such issues. Availing services of international lawyers in such situations becomes essential, as they can safeguard the owns rights. With the increase in globalisation, collaboration between local and international legal experts becomes of even more importance, ensuring that no ones rights are violated and justice is granted to all.

Citation

1) Ahlawatassociates, Consulting International Lawyers for Property Encroachment, Legal Service India E-Journal (2000).