NRIs struggle as families back home turn property grabbers

Top Stories

NRIs struggle as families back home turn property grabbers

Abu Dhabi - Expats end up in a vortex of bitter family feuds and legal disputes

By Anjana Sankar

  • Follow us on
  • google-news
  • whatsapp
  • telegram

Published: Fri 24 Feb 2017, 12:04 PM

Last updated: Fri 24 Feb 2017, 8:01 PM

Owning a property back home is every NRIs dream. But the dream is turning a nightmare for many Indian expats in the UAE as own family members are turning property grabbers.
After putting their life's savings into buying a home, these expats end up in a vortex of bitter family feuds and legal disputes. The cumbersome legal process in India that can take years, and the logistics of traveling home to attend court proceedings only make matters worse.
Family foul play
Krishna Kumar (name changed on request), a civil engineer from Kerala is a victim of foul play by his immediate family. The 45 year old is embroiled in an ugly legal battle with his elder brother after the sibling has allegedly usurped his three-bedroom apartment in the heart of Kochi.
"I am the best example that you cannot trust your own blood when it comes to money matters," said an irate Kumar.
The father of two claims his elder brother in India misused the power of attorney and transferred the ownership of the apartment worth INR 90 Lakhs to his own name.
"Six years ago I bought the house for INR 80 lakhs. It was my life savings. I had even taken a loan thinking my family will have a house to call their own.  Now my own brother has snatched it and I have been fighting a legal case for the last three years," Kumar said.
Kumar's is not an isolated tale of deceit and sorrow. Legal experts who specialize in property disputes say they are dealing with dozes of such cases that involve unlawful grabbing of NRI's properties.
Devanand Mahadeva, Director of Goodwins Solicitors and Legal Consultants said he dealt with over 20 cases involving property grabbing of Indian expats last year.
"I can say there are many such cases. And unfortunately, the expats themselves are to be blamed," said Mahadeva.
"I am currently dealing with a case where the Dubai-based man bought a property in his father's name a few years ago. Now that the father has expired, there is a bitter inheritance war over the property between the siblings, who are my client's step-brothers," said the legal expert.
Greedy father-in-law
Khaleej Times spoke to another expat who is in a similar fix. Anush Thripati (name changed) from Mumbai says it is his greedy father-in-law who did him in.
"He convinced me to register the apartment in his name for the sake of easing paper work and other formalities. It was my mistake I blindly trusted him," said the businessman.
According to him, the old man has rented out the apartment and is pocketing the monthly rent of INR12,000. "Now i do not have a place to stay when I visit India. I am still trying to evict the tenants legally and change the ownership in to my name," said Thripati.
NRI Helpline
A Punjab-based legal helpline set up for NRIs says it has given more than 200 free legal counseling to NRIs, mainly from Canada and the US, on property issues in the last few years.
"I can say that in 90 per cent of cases, close family members are the villains. Only 10 per cent of grabbing can be attributed to squatters or illegal agents," said Ravinder Pal Singh Walia, a seasoned high court lawyer.
According to him, NRIs are particularly vulnerable to fraudulent elements because it is a logistical challenge to fight a legal case back home.
"I set up this helpline in 2014 to offer legal support to the Indian diaspora.  There is an alarming number of cases in which NRIs are fighting to protect their hard-earned properties," said Walia.
Power of POA
According to Mahadeva, misuse of Power of Attorney is one of major reasons leading to property grabbing. "People just get hold of an old template of a POA without bothering to have a legal expert check the clauses. There are clauses that give absolute power to the holder to change the ownership to his or her name." He said he knows cases where expats even try to avoid the hassle of preparing a Power of Attorney (POA). "Instead they wire money to a trusted family member, in most cases parents or siblings, and let them buy the property in their names. Later it leads to inheritance issues," said the lawyer.
He said the most gullible are the first-time property buyers who don't complete proper documentation and paperwork to register the property in their name.
"Most people sign on the sales deal and don't bother to sign the Builder's deed, which is crucial while buying off plan properties. Also, while registering a new property, the owner has to transfer all revenue record mutations including the electricity and water bills to his name, to avoid future legal hassles," said Mahadeva.
Legal experts suggest NRI investors should do a due diligence on the property they intend to invest. "You cannot be lazy about these things. It is advisable to hire a lawyer to verify all legal documents and also check the credibility of the property dealer before signing on the dotted line," said Mahadeva.
anjana@khaleejtimes.com


More news from