Legal Advice for NRIs — Property, Succession & FEMA

No. Under the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019, NRIs and OCIs cannot buy agricultural land, a plantation property or a farmhouse. Residential and commercial property is open to them without RBI permission. They may inherit agricultural land from a resident Indian or an NRI. Check the land’s classification in the revenue record before you pay any advance. We help with that check.

Yes, within limits. Funds in an NRO account can be remitted abroad up to USD 1 million per financial year, supported by Forms 15CA and 15CB. Tax must be paid first, and the buyer deducts TDS on the sale. We prepare the documents for the CA certificate and the remittance forms, so the money moves without a stuck bank request.

Through a power of attorney executed abroad before a notary, or at the Indian embassy, and sent to India. A power of attorney does not transfer ownership by itself (Suraj Lamp, 2011), so the actual sale deed still follows. A document signed only outside India may be stamped within three months of reaching India (Stamp Act, Section 18). We coordinate the draft, stamping and courier.

The property passes under the personal law that applies, for Hindus the Hindu Succession Act, 1956. Heirs usually need a legal heir certificate or succession certificate to move bank accounts and shares. For property in India, a registered Will makes things simpler. We prepare the papers, and a practising advocate handles the court steps where required.

Yes, on Indian-source income. Rent from Indian property and capital gains on its sale are taxable in India, and a non-resident files ITR-2 where required. When an NRI sells property, the buyer deducts TDS at 12.5% plus surcharge and cess for sales after 23 July 2024, unless a lower deduction certificate is obtained. We coordinate the tax side with a practising CA.

Yes, through a power of attorney to a trusted relative, limited to what you want done: collecting rent, paying property tax, dealing with a tenant. Keep it specific and time-bound. Revoke it in writing when you no longer need it, because it ends on the principal’s death or unsound mind (Contract Act, Section 201). We draft the document and arrange stamping.

Start with the documents. We collect the title papers, check revenue records and encumbrances, and prepare a legal notice. If it needs a court filing, a practising advocate in the right district takes it up. A complaint brought quickly is easier to prove. You can instruct us from abroad and approve each step by email or video call.

No. We prepare documents, coordinate and handle filings and compliance. Where the question is about your legal rights or a court matter, a practising advocate gives the opinion and signs what needs signing. We work with that advocate on your behalf, so you do not chase several people across time zones. You get one point of contact.

Largely, yes. Most steps run on email, video calls and courier: drafting, documents, tax filings and coordination. The Registrar’s office usually needs the person’s presence or a valid power of attorney for registration. We plan the visit, if one is needed, so it takes days, not weeks.