NRI Legal Knowledge Base & FAQs

No. Under FEMA rules, NRIs and OCI cardholders cannot purchase agricultural land, plantation property or farmhouses. They can freely buy residential and commercial property, and can inherit agricultural land.

Yes. You can appoint a trusted person through a Power of Attorney signed abroad, or complete formalities through video call and courier. The sale deed is then registered in India by your attorney. We handle the process end to end.

A Power of Attorney (PoA) authorises someone in India to act for you in a property matter. It is signed before a notary or the Indian Embassy/Consulate, apostilled where required, and then stamped or registered in India as per state rules. The wording must be specific to avoid misuse.

You can execute a revocation deed, serve written notice on the attorney, and inform the sub-registrar, banks and any buyer involved. Some PoAs given along with an interest in the property are harder to revoke, so get your documents reviewed first.

You can file a civil suit for possession and injunction, and where there is forgery, cheating or trespass, a police complaint as well. Collect your title papers, tax receipts and any proof of the occupier's entry, and act early, because delay can weaken your case.

Typically: title deeds and earlier chain documents, encumbrance certificate, property tax receipts, PAN, passport/OCI, address proof, society or builder NOC, and a PoA if someone is signing on your behalf. The exact list varies by city and property type.

Sale proceeds are generally credited to an NRO account. After taxes are paid and the required CA certificates are filed, an NRI can remit up to a prescribed annual limit (currently USD 1 million per financial year, subject to conditions) abroad. Rules should be checked at the time of sale.

When an NRI sells property, the buyer must deduct tax at source on the capital gain, at rates that depend on how long the property was held. NRIs can apply for a lower deduction certificate from the tax department to avoid excess tax being blocked.

Yes, through a registered gift deed. Stamp duty and registration charges apply as per the state. Gifts to specified relatives are generally not taxed in the recipient's hands, but the rules should be checked for your case.

A lawyer examines the chain of ownership documents, encumbrance certificate, mutation records, tax receipts, court litigation search and, for new projects, RERA registration. This is called a title search and should be done before paying any advance.

Not validly. A sale without your authority or on a forged PoA can be challenged. You can sue to cancel the sale deed, seek an injunction against the buyer, and file a criminal complaint for forgery and cheating. Move quickly, as the buyer may resell.

The steps depend on whether there is a will. Usually you need the death certificate, will (and probate if required) or legal heir certificate, followed by mutation in revenue/municipal records and, where needed, a family settlement among heirs.

It is a court order that confirms who can collect the deceased's debts and securities, such as bank deposits, shares and mutual funds. It is usually not the document used to transfer land or buildings, which follows will, legal heir and mutation rules.

A legal heir certificate is an administrative document issued by the local revenue authority. A succession certificate is a court order under the Indian Succession Act. Banks and companies may require one or the other depending on the amount and the asset.

No. A will must be signed by the person making it and attested by two witnesses, but registration is optional. Registering it is still advisable, as it makes forgery claims harder.

Yes. Make sure it follows Indian formalities (signature and two witnesses) so it is accepted in India. Many NRIs keep separate wills for Indian and foreign assets, which should be drafted so they do not conflict.

Yes. Common grounds are forgery, undue influence or coercion, unsound mind of the person making the will, improper execution or attestation, and suspicious circumstances. Strict time limits apply to filing a challenge.

For Hindus (including Sikhs, Jains and Buddhists), daughters have equal coparcenary rights in ancestral property after the 2005 amendment to the Hindu Succession Act, as clarified by the Supreme Court in 2020. Other personal laws follow different rules.

It passes under the personal succession law that applies to the family. For Hindus, the spouse, children and mother are usually the first-class heirs and inherit in equal shares. Muslims and Christians follow different rules.

It varies by state and local authority, from a few weeks to several months, especially if there are objections or missing documents. Delays are common when heirs live abroad, so applying early helps.

Family members can divide property peacefully through a registered partition or family settlement deed. If they cannot agree, any co-owner can file a partition suit, and the court decides shares as per the applicable law.

Adverse possession means someone who openly and continuously occupies property against the owner's rights for the statutory period (12 years for private property) may claim ownership. It is not automatic, and the owner can still take legal action within the time limit.

Start with a legal notice, then file an eviction petition under the applicable rent law or in civil court. Cutting power or forcing a tenant out yourself is unlawful and can backfire, so take legal steps in the right order.

Both are available. RERA is often chosen for delay interest or refund in registered projects, while Consumer Court can also be used for deficiency in service. The best forum depends on your agreement, project registration and the relief you want.

A civil case seeks title, possession, cancellation of documents or damages. A criminal case punishes offences such as cheating and forgery under the Bharatiya Nyaya Sanhita (which replaced the IPC). Many property frauds need both.

Timelines vary a lot by court, city and complexity. Contested civil cases can take several years, while injunctions and settlements can move faster. We give you a realistic estimate after reviewing your documents.

Yes, if the Indian court has jurisdiction. This usually depends on where the marriage took place, where the couple last lived together, or where the other spouse lives. The applicable law depends on the religion or the law of marriage.

It may be, if it was granted by a competent court on the merits of the case and in line with the law under which the couple married. Divorces granted without notice or on grounds not recognised in India can be refused recognition.

Both spouses agree on divorce, custody and settlement, and file a joint petition. The court usually requires a waiting period, which can sometimes be waived. Where permitted, appearances can be made via video conference or through an authorised representative.

A mutual consent divorce can be finished in a matter of months if everything is agreed and the paperwork is in order. A contested divorce can take several years depending on the court and the issues involved.

Many Indian courts allow video conferencing for appearances and evidence in family matters, but practice differs by court. A lawyer in India can appear on your behalf for most hearings.

Courts decide on the child's welfare, not on a parent's wish. They look at the child's age, stability, schooling, and each parent's ability to care for the child. India is not a party to the Hague Child Abduction Convention, so cross-border cases need careful handling.

If you fear this, urgent court orders can be sought to restrict travel, and travel documents and immigration alerts can be raised. Act quickly and keep records of the child's passport and travel plans.

Courts consider both spouses' income and assets, standard of living, length of marriage, health, and responsibility for children. Both spouses are usually required to file financial disclosure affidavits.

Indian law does not automatically divide property 50:50. Courts look at ownership and contribution, and a wife's stridhan remains hers. Most disputes are settled through a negotiated agreement.

A prenup is an agreement made before marriage about assets and finances. India has no dedicated law for it, and courts are not bound to enforce it, but a well-drafted one can serve as important evidence of the parties' intentions. Goa follows a different regime.

You can claim maintenance, residence and protection under Indian law, and pursue divorce or other remedies. Courts can send summons abroad, and the Ministry of External Affairs can assist with service and information. Keep your marriage documents and communication records.

Generally, foreign citizens who were Indian citizens (or eligible to be) on or after 26 January 1950, their children and grandchildren, and the foreign spouse of an Indian citizen or OCI holder after a qualifying period of marriage. Certain nationalities are excluded.

Application is made online on the OCI portal, with photographs and documents uploaded, followed by submission at the Indian mission or its authorised centre. Processing time and requirements vary, so errors in documents are the most common cause of delay.

It depends on the country and the reason for refusal. Options can include reapplying with stronger documents, administrative review, an appeal or a legal challenge. Time limits can be short, so keep your refusal letter and speak to a lawyer early.

A US visa refusal generally cannot be appealed, but a fresh application with new evidence can be made. For the UK, some refusals have a right of appeal or an administrative review within strict deadlines. We review the refusal reasons first.

You submit a renunciation declaration, surrender your Indian passport, and receive a certificate of surrender. You then lose rights of an Indian citizen, but may apply for OCI. Property rights continue subject to FEMA restrictions, such as on agricultural land.

If you fear arrest in a non-bailable offence, you can apply to the Sessions Court or High Court for protection before arrest. The court may impose conditions, such as cooperating with the investigation and not leaving the country without permission.

An LOC is an alert to immigration authorities to stop or flag a person at the border. If you believe it was issued wrongly, you can challenge it in the High Court. Seek advice before you travel, because you may be stopped at the airport.

The High Court can quash an FIR if no offence is made out, if it is an abuse of the court process, or in suitable cases of personal or family disputes that have been settled. Each case turns on its facts.

Yes. We represent clients in more than 30 countries through video calls, email, WhatsApp and properly executed Powers of Attorney. Documents can be signed and notarised abroad and sent to us.

Our fees depend on the type and complexity of the matter. We follow a transparent fee structure with no hidden commission or extra charges.

You receive a written case update after every court hearing, along with the next steps. You can also reach us by phone, email, WhatsApp or video call.

Yes. We follow strict confidentiality norms. Please share sensitive details only after we confirm there is no conflict of interest and complete our client verification checks.

Our team replies to queries within 24 hours by email. You can also share your phone number for a callback.