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 ●      ...

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? ...

Child support issues are complicated when the other parent is abroad. In NRI matters, the court in India always keeps in view the welfare of the child while also taking into account jurisdictional and cost-related matters. In recent years, there have been some well-defined principles laid down by Indian courts to ensure proper support to children irrespective of their parents’ locations. This raises important debates in law firms in India regarding Indian court priorities. This article will discuss how Indian courts handle maintenance matters related to children in NRI cases and under what circumstances.   Legal Framework Applied in NRI Child Maintenance Cases Indian courts consider cases involving NRIs as not being exceptions. Cases are decided by using existing family laws, along with modifications that fit international situations. Based on marriage, as well as religion, cases are decided using: ●        Section 125 of the Code of Crimina...

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...