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SOMETIMES BEING ‘SINGLE’ ACTUALLY HELPS!

When it comes to safeguarding your #Indiaproperty Act before its too late!

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SOMETIMES BEING ‘SINGLE’ ACTUALLY HELPS!

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  1. SOMETIMES BEING ‘SINGLE’ ACTUALLY HELPS! Understanding the perils of Joint Ownership of Property and the solutions thereof.

  2. Property matter resolving gives us an insight into all kinds of family drama happening around us. Some of the most shocking cases have revolved around partition of property and issues of joint ownership. About a year ago, NRI Legal Services was contacted by Mr. Pankaj Solanki; an NRI settled in Birmingham, the UK for the past 25 years. A devoted son and a caring brother, he was very fond of his parents and sister living in Bundi, Rajasthan. In spite of the long distance between them, he was always in contact with his parents and was particular about visiting them at least once a year. Sadly, he lost both his parents in an unfortunate road accident. He had to come back to India to perform his duties and pay his respects, but this visit proved to be a terrible confrontation with him- worse than he could have ever visualized. To his utter shock, his sister came up with ingenious ways to prevent him from entering their family house. Later, he was not allowed to visit his ancestral house situated in the neighboring village too. Consulting his family lawyer proved his belief that he was without a doubt the joint owner of all the properties that his father has left behind. In spite of this information, he was emotionally wrecked with two losses that he was facing – loss of his parents and the unnerving behaviour of his sister. When he contacted the Birmingham, office of NRI Legal Services, he undoubtedly appeared a hassled man. He didn’t have even a remote hint about how to handle all the legitimacy of the ownership problems and was obliged by his work commitments in the UK. Experts in the firm counselled him about the issues related to Partition of Property. The legal experts in the company guided him on how the best legal solution available for an NRI or overseas citizen in such situations is to file a Partition Suit. This would help him secure command over what was rightfully his. He was finally able to fathom, that joint ownership of any property can, at times, put a person in a weak position. Pankaj was glad to know that it was possible to file and be fairly represented in a partition lawsuit with the help of a legal representative even without being present in India. NRI Legal experts helped him in attaining his rightful share without having to visit India for the formalities. Efficient representation aided him in going through this process efficiently. The online updates were also helpful to him in keeping track on the progression of the case.

  3. Partition of Property is one of the major issues related to Property Disputes in India. Being a joint owner of property, whether with one of our own or with someone unknown, usually creates a problem, especially in the case of an NRI. The situation gets complicated for an NRI when he has to deal with the person who is currently managing the property, and he seeks the total control of the property. In such a case the best solution is to file for Partition of the Property. Proper understanding and evaluation of documents with possible site visits to the concerned property help in making the lawsuit piquant. The suit helps in taking control of ownership and management of the property that was rightfully his. Partition of property simply means that the jointly owned property which is held by two or more people is divided into parts in a way that everyone gets the entitled share. This could be of two kinds – contested or uncontested. In situations where the involved parties do not agree with each other, a legal suit has to be filed in the court; this is Contested Partition. In situations where the involved parties mutually come to an agreement, it is called Uncontested Partition. In this case, the share of the property depends on the deed prepared at the time of purchase. In some scenarios, the partition of the property is not possible, therefore, as per the court’s ruling the property is sold and then the proceedings are divided as per share of each person involved. For NRIs, with the help of an appropriate legal representative, it is best to file and be aptly represented in a suit without being physically present in India. We, at NRI Legal Services, thrives to render best legal advice related to any Property Dispute especially Partition of Property.

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