Advice Legal

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? ...

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...