Advice Legal

Most Non-Resident Indians purchasing property in India for the first time means buying real estate in their home country, and it can feel highly emotional and personal. Unfortunately, property disputes can arise in India due to the lack of updated and complete records of ownership and other documents. This is why property title verification is key to an ownership transfer and for avoiding potential future disputes. As most Indian lawyers would say, without a clear title, you cannot be secure in your ownership. What Legal Regulations Exist for NRI Property Purchase in India? Many laws protect the owner of the property, and also the funds used to pay for the real estate. The property laws under which NRIs can purchase a personal or business property are as follows: ●       The Foreign Exchange Management Act (FEMA) ●       The Transfer of Property Act, 1882 ●       The Registration Act, 1908 The Indian...

For Non-Resident Indians (NRI), purchasing property in India constitutes a critical investment as it involves a considerable financial outlay and planning. Nevertheless, property transactions in the country are driven by a complex legal and regulatory framework. Issues of litigation are common in the absence of proper legal due diligence, as most buyers rely only on the seller's representation. Indian lawyers specialise in property transactions and emphasise that due diligence cannot be taken lightly and is a legal necessity.  Legal due diligence aims to measure the ownership, legality, and marketability of a given property prior to the transaction. The following is a set of simplified property ownership legal checks.   1. Verify Title and Ownership   The foremost critical task is to ascertain that the seller holds a clear and marketable title. This means verifying that:   ●        The title deed exists, and ownership has been u...