Advice Legal

Legal complications arise regarding property inheritance in India when the legal heir is a Non-Resident Indian (NRI). A common question is whether an NRI needs to travel to India in order to claim his rights on ancestral property (if the property is self-acquired, then the NRI may travel to India to claim the self-acquired property). Indian law allows an NRI to claim property in India, and he is not required to travel back to India, provided that the property is properly legally transferred. A practising Indian lawyer would handle succession matters and describe the inheritance as actionable, regardless of having testamentary documents or a legal will; he must be present in the country.  Legal Basis for NRI Inheritance   There are numerous ways by which an NRI can inherit property in India.   ●        Hindu Succession Act, 1956 ●        Indian Succession Act, 1925 ●      ...

Negligence can lead to financial loss in a variety of ways, including data breaches, fraudulent transactions, system malfunctions, or misuse of personal information by a service provider. In most cases, legal negligence is defined as a lack of attention or care that brings harm to someone else. In India, digital and electronic transactions that cause financial losses can be remedied by civil and/or criminal law. Because of the complexities, many people seek advice from a cyber lawyer to determine and explain the legal remedies.    Identifying Negligence in Financial Loss Establishing negligence is a five-step process: ●       There was a duty of care. ●       There was a breach of that duty. ●       There was a breach resulting in damage. ●       There was a financial loss. ●       The financial loss occurred. For example, when a custo...

The more digital banking and shopping options become available, the more online fraud plagues the Indian marketplace. Online Banking Fraud, as it is known, can lose customers’ money as a result of phishing, identity theft, fraudulent purchases and investments, and unauthorised UPI and card transactions. Indian cyber fraud law provides Online Banking Fraud victims with a variety of legal remedies, including a criminal remedy, a regulatory remedy, and a civil remedy. Cyber lawyers help the victims understand the legal justice system and the remedies available. Understanding Online Financial Fraud Online financial fraud is any deliberate act to defraud an individual through digital means, resulting in financial loss. The following are common forms of online financial fraud: ●        Social engineering via messages or emails ●        Bank phishing or e-banking fraud schemes or apps ●        ...

Distance can make managing real estate assets in one’s home country quite difficult for Non-Resident Indians (NRIs). Thus, to conduct property-related transactions, most NRIs use a Power of Attorney (PoA). PoA can result in a loss of ownership and can lead to a range of complex disputes. An Indian lawyer will often clarify that a Power of Attorney does not transfer ownership by itself; it only authorises another person to act on behalf of the owner. Understanding the legal effect of a PoA is essential to avoid invalid transactions and future litigation.   The loss of ownership is a central consequence of the issuance of a PoA and is, ostensibly, the most visible consequence of a PoA. It is critical, therefore, for NRIs to fully understand the fundamental implications of the issuance of the Indian PoA and the associated legal consequences of agency formation in order to avoid future disputes over the Power of Attorney.   What Constitutes Power of Attorney in India? ...