Summary NRIs face hardship in resolving property disputes in India while sitting abroad. Most of the NRI property disputes revolve around inheritance, distribution or demarcation of ancestral properties amongst family members. NRIs can enter into a Family Settlement Agreement (FSA) instead of contesting long-drawn litigation battles in the Court. All members must voluntarily enter the […]
Category: Blog
Filing Claim Against the Property Developer – Taking Legal Action
IntroductionPurchasing a property is a significant milestone for most individuals. However, the path to property ownership can be challenging, and issues with property developers can arise, leading to the need for legal action. Understanding the essential factors to consider when filing a claim against a property developer is crucial to ensure your rights are protected, […]
Steps to take when your NRI property in India is illegally occupied
Any property situated in India which has been purchased or inherited by any NRI is called NRI Property. And when such property gets encroached by any other person, in other words, when forceful possession of the property is taken by a stranger only with the intention to grab the property of the legal owner, then […]
Repatriation of funds by NRIs – RBI Guidelines, Documents and Tax implications
Introduction:Despite moving overseas, NRIs remain connected to their roots in some form or another. For example, the NRIs often have to take care of their near and dear ones or ancestral properties in India. In another scenario, NRIs earn passive income such as rent and investments in India, and they need this money in their […]
How NRIs in the US and Canada have to pay tax on capital gains from Indian mutual funds
NRIs from USA/Canada facing compliance considerations, if they wish to invest in India, differ from those from other countries. There are many AMCs (Asset Management Companies) in India that allow USA and Canada NRIs to invest in mutual funds in an easy and hassle-free manner. Let’s understand the rules governing USA/Canada NRI investments in India. […]
Family Property Partition for NRIs and OCIs in India
A family property partition is a process of dividing an existing estate into separate segments to show the proportionate interests of the owners. It is a way to divide a joint property among several people so that each person can get their share of the property and become the owner. According to the common law, […]
Property Disputes in India- Recurrent problems and their solutions
Nowadays, a significant problem facing the NRI community is property disputes related to their Indian properties. Many NRIs own property in India. Generally, NRIs own these properties by inheritance, joint ownership with their relatives, or, lastly, because they tend to invest in real estate in India to keep in touch with their roots in India.Although […]
All about an Encumbrance Certificate (EC), an Occupancy Certificate (OC) and a Completion Certificate (CC)
Summary An encumbrance certificate serves as proof of possession of the property. When applying for a home loan or obtaining a loan against a property, an encumbrance certificate is crucial. There are two types of ECs: Form 15 and Form 16 To obtain an Encumbrance Certificate, a person must determine the period for which the […]
Rights of a Grandson to the Property of a Grandfather
Summary The rights of grandson in the property of a grandfather depend on the nature of the grandfather’s property – whether it is self-acquired or ancestral property. When a property is ancestral, the grandson has a similar right to his father on his grandfather’s property. The grandson has no birth right in self-acquired property of […]