How to Start a LEGAL ADVICE FOR NRI

service package

What is Legal Advice for NRIs?

Seeking legal advice as an NRI can be challenging, especially when residing abroad. The complexities of managing legal matters from another country make expert guidance essential.

Property Search

NRIs often need assistance from property management lawyers to help them inherit or purchase property in India. Property ownership records can be difficult to access, and documents may be lost or improperly recorded.

Key issues faced during this phase include:

  • Online documents may not reflect the complete picture, such as accurate shareholding or valuation.
  • Documents are often in vernacular languages, making translation to English necessary.
  • Not all property documents, whether commercial, residential, or urban, are available online. Some must be obtained manually.
  • In case of illegal property transfers, legal experts are needed to verify older records and ensure proper documentation.
  • Many clients face the issue of missing registered sale deeds or primary title documents, which are either unavailable or lost with municipal authorities.

Transfer of Property

One of the most complicated issues requiring expert advice is the transfer of property in India. A proper and legal transfer procedure must be followed to avoid risks like benami ownership. Without correct registration, property transfer is not legally valid.

Partition of Property

Legal guidance is essential when partitioning co-owned property. If multiple people share ownership of a property, legal issues often arise, and expert advice is needed to resolve them. In such cases, it’s advisable to file a suit with legal support.

Partitioning joint land ensures effective control over your ownership. The process divides the property into separate portions, assigning legal ownership to each individual, whether it's ancestral land, a house, or a commercial establishment co-owned by siblings or other heirs.

Developer Claims

Property disputes with developers are common, especially regarding delays in possession. Although property is often a top investment preference, disputes arise when developers fail to deliver possession on time. It’s crucial to ensure that all documentation is in order when investing in properties, especially those purchased from developers or real estate agents.

Succession of Property

To inherit property, whether movable or immovable, the first step is filing for a succession certificate in the jurisdictional court where the deceased person resided. This legal process ensures rightful inheritance for the heirs.

 
 
 

Requirements for Property Transfer

For a property transfer to be valid, there must be a clear title, meaning the property should be legally registered in the name of the rightful owner. Property transfer can be a time-consuming and complex process, involving proper documentation, verification checks, and submission to relevant land revenue and registry departments. Therefore, for any real estate transaction—whether buying, selling, building, or mortgaging—the legal title must be clearly established.

Property transfers can occur through inheritance, either by a will or, in the absence of a will, by the law of natural succession. In the latter case, the property is inherited by legal heirs under the succession laws of India.

Types of Partition

  • Contested Partition: When all parties do not agree on the division, a legal suit is filed in court to resolve the matter.

  • Uncontested Partition: When all co-owners mutually agree to the division, an agreement is executed on stamp paper, ensuring clarity and legal validity.

Things to Consider When Investing in Property through Developers

When investing in property, especially through developers, it’s crucial to carry out due diligence:

  1. Project Verification: The investor should thoroughly assess the project in which they are investing.
  2. Developer Background: Verify the developer's background and track record of successfully handled projects.
  3. Title Checks and Permissions: Ensure that the developer has clear title to the land and all necessary permissions from authorities.
  4. Agreement Review: Have the agreement between the buyer and the developer reviewed by an expert before signing.
  5. Cost Clarity: Ensure that the agreement specifies the total fixed costs, including any potential clauses for price increases.
  6. Property Details: The agreement should clearly state the total area of the unit purchased, including any common areas.

In case of disputes, filing a consumer complaint with the State Consumer Commission is the quickest way to resolve issues. Consumer courts in India are becoming more efficient and assertive, and they provide an expedited process to bring developers to account. By filing a claim, investors can seek possession of the property or a refund with interest and damages.

Our Role in Resolving Property Disputes

We offer full representation throughout the legal process, ensuring the matter reaches a fair and logical conclusion. Our services help overseas citizens resolve property issues without needing to travel to India.