Property Management Services for NRIs in India
NRIs face a lot of issues in managing the properties they hold in India, and the biggest one is finding a legal agency that can provide them legal advice and solutions for all their queries under one roof.
Property Record Search
Property Search: Where Is My Property?
- Locating the property physically and in government records.
- Confirming what the government records say — are you the owner in the records?
- Checking whether the land records are updated for the property and whether the title is clear.
- Verification of land records, which are often in vernacular language.
Transfer of Property
- Property inherited through a will or the law of succession.
- Transfer where the owner is alive and has given consent to transfer.
- Transfer as a gift through a Gift Deed, without exchange of money — this must be registered, failing which it becomes null and void.
- Transfer through a Registered Sale Deed: the regular process of buying and selling, which further requires title deeds, revenue records, and mutations in your favour.
Partition of Joint Property
- Property inherited through a will or the law of succession brings the issue of shared ownership of land or property.
- A legal partition of property is required to resolve issues among the claim holders, and partition of property in government records is required for effective management and control of ownership.
- If an NRI is a co-owner with another person, it can create complications and lead to disputes.
- Property disputes are common in joint property where the NRI does not have cordial relations with the person currently in possession.
- The person currently in possession usually prefers to obtain authority to manage, control, and even sell the relevant share, which is detrimental to the interest of the NRI.
- In such scenarios, when all claim holders are not in agreement, a legal suit is to be filed in the concerned courts.
- To contest and be adequately represented in the suit, NRIs need assistance, advice, and representation through legal representatives even without being physically present in India.
Buying or Selling of Property
- Identification of buyer or seller.
- Identification of a suitable property as per the requirements of the client.
- Establishing title to the property.
- Ensuring that all documents are properly executed and delivered.
- Preparing and evaluating all the documents necessary to complete a transaction efficiently and correctly.
- Negotiating, drafting, and reviewing sale and purchase agreements.
- A thorough physical inspection of the property in order to negotiate a better purchase price.
- Representation before various authorities such as the Sub-Divisional Magistrate, Registrar, courts, and others, with reference to revenue records.
- Repatriation advice, tax advice, and any other compliance advice.
Frequently Asked Questions
Why do NRIs need a property management service in India?
NRIs often cannot be physically present to monitor their property, verify land records, or respond to disputes. A property management service handles title verification, record searches, transfers, partition matters, and buying or selling on their behalf, protecting the property from encroachment, fraud, and neglect.
How can an NRI verify the title and ownership of their property?
Title can be verified by checking the land and revenue records, confirming the owner's name in government records, ensuring the records are updated, and reviewing documents that are often in the local vernacular language. A lawyer can conduct this verification and confirm whether the title is clear.
Can an NRI buy or sell property in India without visiting?
Yes. An NRI can grant a registered Power of Attorney to a trusted representative or lawyer who can handle identification of the property, execution of documents, registration, and representation before authorities, allowing the transaction to be completed without the NRI travelling to India.
What is repatriation of sale proceeds?
Repatriation is the process of transferring the proceeds from the sale of property in India to the NRI's country of residence. It is subject to RBI and tax regulations, and proper compliance advice ensures the funds are remitted legally and smoothly.
How are disputes over jointly owned NRI property resolved?
Where co-owners do not agree, a partition suit can be filed in the appropriate court to formally divide the property and protect the NRI's share. Legal representatives can contest and represent the NRI throughout the proceedings without the NRI being present in India.