How to sell disputed property in India?

Answered by

A Agarwalla & Co.

Published At May 22, 2024

Answer

Selling disputed property in India, especially for NRIs. is a complex process that requires careful legal navigation. Here’s a guide on the NRI property selling process:

  • Resolve Disputes: Before attempting to sell, it’s crucial to resolve any existing disputes. Engage with an attorney to negotiate or litigate the dispute to clear the title. Alternative Dispute Resolution (ADR) methods like mediation or arbitration can be quicker and more cost-effective than traditional litigation.
  • Clear Title Verification: Ensure that the property has a clear title once the dispute is resolved. Obtain a no-objection certificate (NOC) from relevant authorities if required, and ensure all legal documents are in order.
  • Legal Documentation: Gather all necessary documents, including the title deed, previous sale deeds, property tax receipts, encumbrance certificate and any other relevant paperwork. These documents are essential for the sale process and to assure potential buyers of the property’s legitimacy.
  • Engage a Lawyer: A lawyer experienced in property law can help draft and review sale agreements, ensuring all legal aspects are covered. They can also assist in negotiations and facilitate the transfer process.
  • Disclosure: Clearly disclose the dispute history and resolution to potential buyers to maintain transparency. Honesty about the property’s past can prevent future legal complications.
  • Power of Attorney (PoA): If the NRI cannot be physically present in India to manage the sale, they can appoint a trustworthy representative through a PoA. This representative can handle all legal and procedural aspects on the NRI’s behalf.

By following these steps, NRIs can navigate the complexities of selling disputed property in India, ensuring a legally sound and smooth transaction.