Partition of a property is a process where the ownership of property among the family members is managed. Joint ownership in the property creates many problems for the shareholders. For NRIs, it is even more complicated when they want to sell or transfer the undivided property to someone.Partition O...

There is a rise in the occurrence of frauds while buying or selling of property. Incorrect information and lack of knowledge on procedures and documentation are the main causes of real estate fraud. The fraud can be avoided by taking precautionary steps while buying and selling property. These preca...

Indian diaspora is becoming extremely prosperous. NRIs living abroad are investing in Indian real estate faster than before. As NRIs are busy with their thriving lives abroad, their properties in India which require attention and protection.In the last few years, property frauds of various kinds in ...

The recent times have seen an interesting trend of investing in the real estate market in India amongst the NRI diaspora. With a favorable exchange rate and improved transparency, NRIs are also willing to sell their properties in India. Reasons for the sale can be anything ranging from taking citize...

Divorce, at any time and age, is a consuming process. It is not only emotionally disturbing but it also creates financial turmoil. India, today has many trans-continental couples, mainly NRIs. For NRIs, the issue of joint property in India after divorce can be a complex situation to resolve. There a...

A woman’s equal rights in inheritance and succession in India are a result of the evolution of law and society. Laws for inheritance have evolved by the way of reformed legislation and by favorable judgments from courtrooms. The society has now adopted a more pragmatic approach towards women. ...

The rules and regulations pertaining to NRI properties in India may vary depending upon the situation. While dealing with NRI property selling, a lot of rules are required to be followed. In case you are buying property from an NRI seller, these rules become much more stringent and pertinent from th...

The modern concept of adverse possession has its genesis from the conception of valuable land possessed by a person for his benefits. Early societies looked at the person holding land as someone who is yielding the greatest value from the land and hence, that person and his rights are required to be...

Once the terms and conditions of an agreement are finalized and both the parties agree on the terms, there can still be a breach of the agreement. This is possible when either the seller or buyer of the property denies to fulfill his part of the agreement. In the case of NRIs, the chances of violati...

In recent times, buyers in the Indian real estate market have faced problems of delayed possession. This has discouraged NRI buyers from investing in real estate in India due to the financial losses incurred. But with recent legislation and court judgments, the rights of property buyers have been em...

It is common for NRIs to opt to assign Power of Attorney (POA) for managing their assets in India. This becomes a necessity in current times, where legal compliances are evolving, and penalties are stringent. But sometimes a situation key arise where you need to revoke the POA. Thus, it is important...

NRIs looking to invest in real estate in India are eligible for home loans from banks and other financial institutions.They can apply for home loans for as many properties as they like in India. But in the absence of a clearly defined regulator, there is some disparity in the interest rate, tenure, ...

Property disputes are common amongst NRI families. It becomes more complicated when the family is residing far away in different countries. This has been observed more in the case of NRIs due to their physical absence for managing their properties in India. Rising expectations and better opportuniti...

Properties owned by NRIs in India are an easy target for illegal possession as they are unable to keep a frequent update on the properties after they take over the ownership. The physical absence of NRIs who are owners of properties in India has become one of the prevalent reason for illegal possess...

Often NRIs deal with uncertainties about their rights of inheritance, after acquiring the status of NRI. Although there is no bar in inheriting property from grandparents, there are some rules regarding the handling of property. According to the Foreign Exchange Management Act (FEMA) of 1999, NRIs c...

Will is a legal declaration of a person’s intention, which he wishes to be performed after his death. A Will can be revoked only after a person’s lifetime. In order to make Will a conclusive binding document, it is made into probate. Probate is extremely useful for NRIs as it makes the W...

Indians have the tradition of exchanging gifts on various occasions and sometimes just as an expression of affection. NRIs can give and receive gifts in cash or kind such as property to and from individuals who may or may not be related to them. It is important to note that with gifts there are tax ...

NRIs face numerous property-related frauds due to a lack of transparency in the processes and documentation of property transfer. It, thus, becomes important for NRIs to understand the nuances of the transfer of property.Laws Regarding Property TransferTransfer of Property Act of 1882 defines &lsquo...

Every NRI or prospective NRIs must have heard people advising them about the Power of Attorney (POA). It is a powerful instrument for NRIs living abroad and managing their assets in India. NRIs should have adequate knowledge about the legalities involved in the regulation of power of attorney in mat...

NRIs can inherit ancestral properties in India. However, it is important for them to have proper knowledge regarding establishing and maintaining their rights over ancestral properties in order to avoid mismanagement or disputes related to inherited property. There are few things for NRIs to keep in...

NRIs settled abroad commonly rent out their properties in India. It is also considered as a convenient way to have a stable source of income by a lot of NRIs. But sometimes, this gives rise to conflicts and disputes regarding tenancy.According to Indian rental laws, an NRI landlord has the rights to...

NRIs have their ancestral properties which include agricultural land, farmhouse, residential house and commercial properties in their native places in India. Usually, these properties of NRIs are either jointly owned or given to their relatives, tenants or some third party to take care of in their a...

India has always been rich in human capital and Indian diaspora thriving in every country comes as no surprise. Hence, the interest of India’s Non-Residents in investing in India is natural. One of the most constant attractions and interests of NRIs is the real estate sector.Foreign Exchange M...

Non-Resident Indians living outside India have been investing in real estate in order to stay connected to their Indian roots. A piece of land or a residential house in their home town or village is considered as one of the best investment options by them.Keeping in view the buying capacity of NRIs,...

Indian Diaspora is constantly expanding around the world. From prominent choice of countries like USA, UK, Canada and Australia to the South East Asian countries like Malayasia, Singapore, Thailand, Vietnam, Myanmar etc.; Indians have made their presence felt through constant migration in search of ...

A cheque bounce case is considered as a financial offence in India which can cause legal trouble for the issuer. NRIs settled abroad are required to be well-informed about the implications and legal consequences of a cheque bounce case. Section 138 of the Negotiable Instruments Act, 1881 is the prim...

Although there is an immense growth in NRIs investing in properties in India for future use, there has also been an alarming increase in number of cases where NRIs have witnessed dilemmas when it comes to dealing with real estate matters.Homebuyers and property investors have a fear of unscrupulous ...

It is common for NRIs to own properties across India. In order to ensure proper upkeep of the properties, NRIs tend to rent out these properties. However, since it is not feasible for NRI property owners to regularly visit their rental properties; landlord tenant disputes may arise.The rights and du...

NRI legal solutions are viewed as a significant part when considering the long list of facilities to be availed while resolving any issues in India. Not being around here, the NRIs experience a lot of difficulties while tackling the legal issues due to unavoidable factors like language. They require...

As an NRI, you can’t be sued or held responsible for the fraud of the representative; unless it is proved that the fraud was done in conivance with you. if you are living abroad and managing your assets in India has become a headache for you, Power of Attorney (PoA) is the perfect instrume...

One of the frequent queries we receive is regarding the renting out of the properties by NRI in India. With this blog we would like to give some important guidelines to be observed while giving property on Rent in India. First and Most important thing to be kept in mind is to take the services of ...

WILL and Its Importance....... A WILL is a Document or testimonial which defines the division of your movable and immovable property after you leave this world for heavenly abode. By writing this document you are giving peace of mind to your legal heirs and maintain harmony among them. A well-dr...

Criminal Cases can be taxing for anyone and specifically for NRIs who have to visit India for their ongoing legal proceedings in the court of law in India. Criminal cases and its lengthy procedure can be taxing for NRIs and their families. Apart from health and wealth, it has bearing on social life ...

‘ My Husband is my Property ………..But Are you Sure that your Husband’s propertyis YOUR property ‘ Indian constitution provides rights to each and every citizen of the nation in accordance with certain terms. Needless to mention it’s extremely important for...

Disagreements and disputes have become part and parcel of human and human relations. Materialistic gains are given way more importance than emotional and moral things. Blood relations take a back seat for the sake of materilistic gains. Property, whether it is ancestral or hard earned, which used to...

Ancestral property is defined as one that is inherited up to FOUR generations of Male lineage and should have remained Undivided throughout this period.For your understanding and clarification the property should have passed on from the Great Grandfather to the Grandfather and from Grandfather to th...