NRI Property Litigation

NRI Property Litigation

NRI Property Litigation Lawyers at your rescue

Disputes and disagreements are a part and parcel of life that can occur amongst family members, friends, business partners or customer-clients. One of the major cause of dispute and disagreements amongst people is property, be it succession dispute, dispute with builder, dispute on the possession of land and such.

Such disputes, though are common in every walk of life, become more prominent in case of NRIs and PIOs. NRIs and PIOs are more susceptible to fraud or cheating as they are not present to exercise or exert their rights when needed.

To help you cater any such unpleasant situation efficiently, we have an expert team of NRI property litigation lawyers. Lexlords Management Services is a 40 years old organisation, that specialises in handling NRI disputes successfully. Over the years we have amassed an experience, matched by none in the country, in sorting out distinct and diverse issues of NRI’s residing in different parts of the world. Our major practice area is that of Property litigation, that comprises of almost 60% of our litigation practice. With such a vast experience and a team of renowned and seasoned NRI property litigation lawyers, you can be assured of having your dispute resolved in best possible manner.

Solving Property Dispute

There are two ways of solving a dispute, including property disputes; one is through alternative redressal methods like arbitration, mediation and such, that doesn’t require the need to knock at the doors of court. And the other is through the litigation, in which the case is taken to the courts for resolution.

We offer expert help, both in negotiation and litigation method of dispute redressal. There is nothing better than resolving a dispute through alternative mechanism but at times, it becomes imperative that a solution be sought through litigation only. Our NRI property litigation lawyers, come to your rescue here. The designated NRI property litigation lawyer from our team will study the entire case meticulously, and come up with a strategy to plead or defend, as per requirement of the client, the case in the court of law. Here, it is necessary that a client doesn’t not keep secrets from his NRI property litigation lawyer. As the saying goes, keep a secret from your doctor or lawyer, and you shall regret it for a lifetime.

Litigation is a legal process, that involves paperwork and other formalities. It is the job of NRI property litigation lawyer to complete all the formalities for you. An efficient NRI property litigation lawyer takes his client along in the whole process by explaining him the nitty-gritties of the case.

Steps of Litigation Process

Property Litigation falls under civil cases. The main objective of a litigation process is to arrive at a solution, in a just manner, ensureing none of the party has any advantage over the other during trial, at minimum possible expense. There are three steps in the litigation process, that can be described as:

1) Pre-Trial – The litigation process is instigated when a claim form, known as ‘the plaint’ is filed by the claimant. The claim form contains all the information about the case and that of the parties involved. It also mentions that the court has the pecuniary and territorial jurisdiction for the trial. Another important fact that must be clarified in the ‘plaint’ is of time limitation. It is mandatory that the case is filed within an approved time period for its acceptance in the court.                                  NRI property litigation lawyer will help you submit all the required documents and information to make sure that the case is accepted by the court. Once the case is accepted by the court, the trial will take place.

2) Trial – Trial is the most important part of the litigation process, as it is during trial that the NRI property litigation lawyer will present his case in front of the judges/jury, keeping the facts and figures, providing witnesses and evidences to back the assertions and claims made. NRI property litigation lawyers will also cross question the witnesses or evidences provide by the opposite party, and lead the argument to the best of his abilities.                                                                              Litigation may last for months or for years, according to the nature and complexity of the case. As it will not always be possible for NRI’s to be present on the hearing day, they can appoint their NRI property litigation lawyer, as their attorney-in-law. This way, your NRI property litigation lawyer will have the right to represent you in the court, even if you cannot be present.

3) Post-Trial – The end of trial means we have a decision. It can either in favour or against us. If the decision is in favour, the next step would be to seek measures for having the decision implemented, which will require the expertise of NRI property litigation lawyer.

In case the result is not in favour, there is a scope of re-appealing or to move to higher court. Your NRI property litigation lawyer will be best person to guide on the measures available and how to go about it.

Property Litigation services offered by Lexlords Property Management Services to NRIs

Some of the disputes on which our NRI property litigation lawyers offer services are as following–

  • Wills and Trust
  • Illegal possession
  • Partition of property
  • Succession disputes and succession certificate
  • Intestate succession, plus the process of probate
  • Letters of administration
  • Transfer of property through fraudulent measures
  • Tenancy disputes
  • Partition of Property
  • Breach of contract, be it commercial or residential
  • Compensation and damages claim
  • Dispute related to Construction and development with developers/builders or promoters
  • Disputes between co-sharers
  • Remedy through Certiorari writ – A writ is a formal order issued by court to act, or abstain from acting. ‘Ceritori’ is a writ issued by a Hight Court or Supreme Court to lower courts, to transfer the matter to itself.
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