Thousands of NRIs face problems like illegal possession, forged sale deeds, forged power of attorneys and property frauds back home, and thus you are not alone in this who is facing these difficulties. The good news is that you don’t need to fly to India to fight for your cases and/or seek justice. The most important thing is to go ahead with the right legal strategy and thus one can get positive results even remotely and effectively.
In this blog, in layman’s language, I will explain step-by-step how NRIs can resolve land disputes from abroad, what precautions to take, and how courts in India deal with such matters.
Table of Contents
Why NRIs Face Land Disputes in India
NRIs are often easy/soft targets because of long absences from India, and also because of the difficult situation they are in trying to handle the disputes remotely. Common reasons include:
- Illegal Possession / Encroachment by relatives, tenants, or neighbours unlawfully occupying property.
- Forgery & Fraudulent Sale Deeds by misuse of signatures, fake/forged General Power of Attorney (GPA).
- Mutation & Revenue Record Tampering via which land was wrongly transferred in revenue records; even a few revenue officials are hand in glove with the accused in some cases.
- Disputes Among Family Heirs: inheritance conflicts, especially when some heirs live abroad.
Can NRIs Handle Property Disputes Without Coming to India?
Yes. NRIs can pursue litigation remotely. You do not need to be physically present for every hearing. With a properly executed Special Power of Attorney (SPA), your lawyer or trusted family member/friend can represent you before revenue authorities, civil courts, or even the High Court. But the most important aspect is the appointment of a trustworthy SPA who will execute/sign documents on your behalf in your absence. The role/importance of a trustworthy SPA has been explained in detail in another blog, the link of which is being shared below.
What Is a Special Power of Attorney (SPA) and Why is an SPA Necessary for NRIs
Step-by-Step Process to Handle Land Disputes Remotely
1. Verify Ownership Records
Conduct a title search of land records (Jamabandi, Mutation, Fard) from the concerned revenue department/officials and thus check for unauthorized entries or transfers.
2. Appoint a Special Power of Attorney (SPA)
Now this is the most important step to draft/appoint the SPAwith limited authority and get it attested by the Indian Embassy/Consulate abroad or get it apostilled as per the Hague convention. SPA should grant authority only to file cases, appear in courts, and sign documents on your behalf.
3. Engage a Local Lawyer Experienced in NRI Property Matters
To file civil suits for possession, declaration, or injunction and/or Initiate criminal proceedings for fraud or forgery under relevant provisions of BNS (Bhartiya Nyaya Sanhita).
4. Alternative Dispute Resolution
Mediation or settlement can sometimes resolve family disputes faster than prolonged litigation.
Tips for NRIs to Safeguard Properties
- Keep land records updated regularly.
- Do not leave blank signed papers with relatives and/or friends.
- Appoint only a trusted SPA holder and under no circumstances execute an GPA (General Power of Attorney) giving blanket authority.
- Engage a Punjab-based NRI legal expert rather than relying solely on relatives.
- Monitor your property through local visits, or hire property management services.
Recent judgements & Legal developments relevant to NRIs; Property Disputes
- Bagel Singh vs State of Punjab; Raghuvir Singh vs. State of Punjab
In March 2025, the Punjab & Haryana High Court flagged the alarming rise in property fraud against NRIs in Punjab, calling absentee owners “easy targets”. This makes legal vigilance even more critical. The court refused anticipatory bail to the accused, observed that the matter involved impersonation and a multi-crore fraudulent sale of an NRI’s land, and explicitly noted the disturbing trend of property frauds targeting absentee NRIs (calling them “easy targets”).
Case No. CRM-M-23740-2025 & CRM-M-19545-2025 (connected).
Date of order: 19 May 2025.
Neutral citation: 2025:PHHC:066894. s3.courtbook.in
- Nirmal Singh Sehmbey v. Kuldip Singh & Ors.2025 PHHC 043588(decided April2025),
The Hon’ble Punjab & Haryana High Court reversed sham sale deeds executed by a GPA holder who sold 49 kanals 10 marlas of NRI-owned land to his own relatives at undervalued prices. The Hon’ble Court held that such transactions “stink of deceit and fraud” and ruled that a Power of Attorney is not a licence to defraud. The case coverage can be read on Lawyer E News.
- Baghel Singh & Ors. v. State of Punjab
In Baghel Singh & Ors. v. State of Punjab (Punjab & Haryana High Court, May 2025), anticipatory bail was denied to the accused who allegedly forged documents to usurp NRI-owned land. The Court remarked that such offences “corrode institutional credibility” and that custodial interrogation was necessary. This decision reinforces the judiciary’s strict stance against NRI property frauds. Coverage of the case is reported by Lawyer E News.
Conclusion
Handling land disputes from abroad may seem overwhelming, but with the right legal strategy NRIs can fight property frauds and secure their inheritance without the need to travel to India. Due diligence and legal awareness are the two most important tools for the NRIs to secure justice and claim what is legally theirs.
FAQs: NRI Land Disputes in India
1. Do I need to come to India for every hearing?
No. Your SPA holder and lawyer can represent you. Court appearance is required only in rare circumstances.
2. Can a Power of Attorney be misused?
Yes, if drafted loosely. Always create a Special Power of Attorney with limited, specific powers.
3. How long does it take to resolve land disputes?
It depends on the complexity and facts/circumstances of each case. Revenue matters may take 6–12 months; civil suits may take longer. Interim relief (stay orders, injunctions) can often be obtained quickly.
4. What documents should NRIs keep ready?
Title deeds, mutation records, Jamabandi/Fard, identity proof, any GPA/SPA already executed and prior agreements related to the property.
Author Bio:
Advocate Hashandeep Singh Sidhu, B.Tech., M.B.A., LL.B.; Advocate On Record (AOR), Punjab & Haryana High Court.