Property disputes of NRI have arisen exponentially over the time in India. Most of these disputes are either family succession disputes or these are cases of fraud practices of builders, property dealers and real estate agents. In certain parts of India, property prices have been steadily rising in this decade. Property has become major cause of NRI litigation in India. Property disputes give rise to protracted and long drawn cost which results in tremendous agony to the NRI. The problem in property disputes is that the law allows the party which is presently in possession, although illegal possession, to remain in possession during the pendency of litigation. There is no fixed time-period prescribed by law within which a dispute must be decided.

Many a times people make false wills, forge documents and grab property of NRI by illegal means. The legal system in India becomes major reason for NRI apathy. In some cases false FIRs are registered against NRI so that they do not enter India without being arrested. This is done to grab their property. The courts which are overburdened with cases do not give redressal to NRI in time. In cases where stakes are very high, even alternate dispute resolution mechanisms like arbitration and conciliation fail. The rich try to win by any means possible to establish their dominance. They are sometimes successful because government officials act in tandem with them. In such cases, NRI suffer economically as their hard earned money vanishes in thin air. Even when court decides in favor of NRI, they do not get back the litigation expenses which are substantial.



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