Are you an NRI who owns ancestral land in Punjab but can’t travel back due to work, visa issues, or personal constraints?
Every year, thousands of NRIs face serious issues related to illegal possession, fraudulent transfers, fraudulent use of POA (Power of Attorney) or family disputes over agricultural land and most don’t know that these can be resolved legally from abroad without the need of travelling to India. In this blog, we will explain how NRIs can legally protect and reclaim their agricultural land in Punjabwithout setting foot in India.
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Prevalent Agricultural Land Issues Faced by NRIs
If you’re living in Canada, the UK, Australia, the US, or anywhere else, these are some of the most reported issues by NRIs pertaining to their properties including ancestral properties in Punjab:
®Relatives occupying land illegally, assuming you won’t return or by fraudulent use of the POA.
®Forged documents or mutation entries made in your absence.
®Verbal promises and oral partitions not being honoured as a result land is forcefully grabbed or acquired.
®Local caretakers refusing to vacate or give you accounts thus taking advantage of your difficult situation abroad.
®Delay or refusal in mutation after inheritance or Will as the local administration tends to keep the work pending on one pretext or the other.
Such land disputes can be emotionally and financially draining especially when you’re far away and completely oblivion to the ground situation.
What one should do in such a situation?
Step 1: Appoint a Registered Power of Attorney (PoA) or SPA
The first legal step is to appoint a trustworthy person in India as your representative.
®Draft of a Special Power of Attorney (SPA) giving limited rights/powers (e.g., for filing a case, attending court, collecting documents) can be prepared by your attorney in India.
®Get it notarized and attested by the Indian Embassy/Consulate in your country.
®Send the original document to India for registration at the Sub-Registrar’s office.
One thing to always keep in mind during the preparation of a SPA is to keep the scope of authority limited thus avoid giving blanket rights.
Step 2: Get all the latest land records from the concerned revenue departments or local tehsils/patwarkhanas.
Your lawyer and/or SPA can retrieve the following documents in order to have the correct information regarding the status of the land in question and thus plan the legal recourse accordingly:
®Jamabandi/Fard
®Mutation (Intkaal) Status
®Aks-Shajra (Land Map)including pedigree table(if required).
Step 3: Send a Legal Notice to the Occupants
Your lawyer in Punjab can send a formal legal notice to the person/s occupying your land:
®Demanding they vacate the land or correct the records.
®Demanding the payment of the rent if it is not being timely paid.
®Warning of legal action in civil court if no response is received.
®Citing your ownership rights with land record proof.
In some cases of simple possession disputes, this is enough to resolve the issue.
Step 4: File a Civil Suit for Possession or Partition as the case may be.
If the illegal occupants refuse to vacate or fail to respond to the legal notice, your lawyer can file a case in local civil court of appropriate jurisdiction or the Hon’ble High Court (if urgent relief is needed):
®Suit for Possession is filed to reclaim physical control of your land.
®Suit for Partition is filed if your land is co-owned by siblings or relatives and you are a co-shareholder in that particular land.
®Injunction Suit is filed to stop ongoing construction or sale of your land in case an immediate relief is required and the situation is such that if the same is not granted then that would cause irreparable loss to the plaintiff/applicant.
All hearings, filing, and evidence can be managed by your lawyer and SPA and most importantly in these civil cases you do not need to appear in person unless the court explicitly asks (rare in civil suits).
Protections for NRIs in Punjab
Punjab Government and even the Hon’ble High Courts in some cases have taken a lenient view regarding the cases involving the NRIs where in their land has been illegally occupied or encroached upon.
®Nri Cells in police departments now register land grab complaints faster and these Nri police stations are further answerable to the NRI Commission Punjab in case of Criminal Matters.
®The Punjab State Commission for NRIs helps escalate unresolved land cases.
Conclusion
Agricultural land in Punjab holds not just economic value, but deep personal and familial significance especially for those living overseas and have deep connect with their roots in Punjab. If you’re an NRI dealing with property issues from abroad, know that the law provides clear mechanisms to assert your rights without being physically present. With proper documentation, timely legal action, and reliable representation on the ground, even complex land disputes can be resolved efficiently and in a time bound manner. Staying informed and proactive is the key to ensuring that your land remains secure, no matter where you are in the world.