Non-Resident Indians (NRIs) are increasingly facing challenges in safeguarding their ancestral properties in India from illegal possession. The issue has escalated, with numerous cases reaching courts as NRIs strive to reclaim properties that have been unlawfully occupied. These disputes frequently involve encroachments by relatives or strangers, creating significant distress, particularly in metropolitan areas where property values are exceptionally high.
Despite the existence of legal provisions to address such issues, many NRIs find themselves in vulnerable situations, largely due to the influence and intimidation tactics employed by land grabbers. Senior government officials report a noticeable increase in complaints, with affected NRIs often appealing to the Prime Minister’s Office, the Home Ministry, and Indian embassies in their respective countries of residence.
The ordeal of reclaiming illegally occupied properties is both psychologically and legally taxing. Many NRIs express fear and frustration when confronting these issues. A London-based NRI, choosing to remain anonymous, described the challenges they faced: “We feel a significant threat when dealing with land grabbers or even raising the issue with the police. These individuals often have strong muscle power and are willing to use intimidation to occupy properties that are not only financially valuable but also hold deep emotional significance for us.”
A recent case in the Delhi High Court exemplifies the legal struggles faced by NRIs. Justice Subramonium Prasad presided over a dispute involving an ancestral bungalow that had been unlawfully taken over by relatives. The NRI property owner presented the deed of partition and family tree documents to establish their ownership. Allegations were made that the relatives had fraudulently seized the property when the NRI declined to sell their share.
The court recognized that the NRI had filed the suit within the six-month statutory limitation period outlined in Section 6 of the Specific Relief Act, 1963. This section stipulates that possession must be restored to the rightful owner if dispossession occurs unlawfully, irrespective of ownership claims. Justice Prasad emphasized the need for timely legal action and issued summons to the accused parties, indicating that the matter would be tried summarily.
Legal experts stress the importance of swift action in such cases to maximize the chances of success. Abhishek Rastogi, founder of Rastogi Chambers and counsel for the NRI in this instance, explained the remedies available to property owners: “There are several remedies available to the legitimate owners of the property. The first step is to file a police complaint promptly, as this can lead to immediate action. Additionally, Section 6 of the Specific Relief Act allows the courts to intervene within six months of the dispossession and restore possession to the rightful owner. The Indian judicial system is robust, and the law is well-framed to safeguard the rights of property owners.”
While the judiciary has demonstrated its commitment to addressing such cases, the increasing number of disputes underscores the need for stricter enforcement of property laws and more efficient legal processes.
For NRIs, filing timely police complaints and seeking judicial intervention are critical steps in protecting their properties. However, the emotional and financial toll of these disputes highlights the urgent need for proactive measures by law enforcement and judicial authorities to deter illegal encroachments. Strengthening legal frameworks and ensuring their effective enforcement will be essential in safeguarding the rights of NRIs and preserving the emotional and financial value of their ancestral properties.
