Book Your Appointments for Free Legal Advice.

Property eviction lawyer’s advice on issues of property possessions

We have had NRIs come to us looking for property eviction lawyers as they face the issue of illegal possession of property. It is the most common property dispute NRIs face as they are unaware of the steps that they can take to avoid the situation.

They make investments using their hard earned money to secure their future if they return to India or to earn profits by selling the land at the higher price on a later date. But with the change in time and due to unfortunate experiences, the investment in India has reduced as people fear for the safety of the property.

Why do NRIs seek the help of Property Eviction Lawyers?

The NRIs pursue property eviction lawyers so that the legal aids can assist them in protecting their land from trespassers, encroachers and illegal possessors.

The easiest targets of the trespassers or encroachers are the Open properties that NRIs buy as investments.

Property can be taken over illegally in two ways. These are:

  • Usage of forged documents by trespassers to challenge the legal owner’s rights and forcing them to send the land at a value much lower than the true value.
  • Refusal to vacate the property by a tenant even after expiration of the lease or tenancy period and thus, overstaying illegally against owner’s will.

Thus, it is necessary for the NRIs to know about the choices available at their disposal to protect their property from the trespassers.

Protection of the property:

To prevent illegal possession of the asset, an NRI can:

  • Make use of a Special Power of Attorney (POA) to give specific rights to a trustworthy friend or relative who can regularly check the property.
  • Retain all the original and updated documents related to the property such as registered sale deeds, title deed, possession letters, tax bills, maintenance receipts, telephone and electricity bills, etc. with one’s self.
  • Take help from an expert property lawyer to implement any legal documents such as lease agreement, tenancy agreement, and caretaker agreement.
  • Before signing any legal document, enquire and aware one’s self about all the laws regarding the maintenance of assets, lease, or eviction of tenants.
  • Provide written information about the property and one’s absence from India to the police.
  • In order to prevent any trouble in future, register and present a photocopy of the tenancy agreement to the police after execution.
  • Interact and stay in touch with the neighbours and managers of the building so that if anything illegal happens to the property, they inform the owner.
  • Have regular visits to the property so that the locals can know about the owner of the property and people don’t consider it an easy target for trespassing.

It may happen that even after taking all the necessary, precautionary steps, following each and every law, one becomes a target of illegal possession of property. If this happens, one shouldn’t make any delay in taking mandatory steps, such as seeking help from property eviction lawyers, to get his/ her property back.

By | May 30th, 2017|Blog, Illegal, lawyers, possession of property|0 Comments

Before you Buy a Property in India

To buy a property or land that’s for sale in India is a great investment opportunity but there may be some questions that arise while making the decision. Some of the questions and their answer are as follows:

How can one acquire ownership of a Property or land that’s for sale in India?

One can acquire ownership of an immovable property in any of the following ways:

  • By inheritance of ancestral property
  • Through Will
  • Acquisition by oneself such as purchase etc.
  • Through gift, trust, settlement deeds
  • Grant by the Government
  • Through partition deed
  • Through decree of Court

In simple words, there are two ways of acquisition:

  • By the act of parties.

Example: Purchase, Gift, etc.

  • By operation of law

Example: Inheritance, the decree of Court, etc.

What are the things to look for when selecting a Property or Land for sale in India?

There are various aspects that the buyer should consider at the time of selecting the property. The major factor is price which is governed by demand and supply and may vary on a project to project basis other than this the other concerning agents are –

  • the budget
  • the type of property
  • the location
  • the objective of buying

What are the various documents involved to buy a property?

It is important to know all the documents involved in the process of assets.

1.  Check

  • that the Title is in the name of the developer/builder
  • the builder has all the licenses, approvals, development rights
  • the marketable title of the development
  • the provisional layout or building plan of the property
  • the strength of the foundation of the property
  • the carpet area of the asset, Built-Up Area & Super Built-Up Area
  • if the allotment letter or the sale agreement was duly executed
  • if the project is approved by reputed financial companies which can help in getting financial loans if required

2. Ensure that the conveyance deed is registered. The deed is a signed legal instrument that shows a deed or title has been transferred. It is signed, witnessed, and notarized by the seller and the buyer

3. Ask for Completion Certificate

Checking all the documents related to the property is imperative to buy a property or land that’s for sale in India. The documents such as Deed of Conveyance, Land registration status, Mutation Certificate, Land Sanction Plan/layout, and Payment Schedule along with the origin of the property,  Occupancy Certificate, various sanctions from the authorities, the chain of Title, Completion Certificate.

What is a Sale Deed?

  • The Sale Deed is a legal document which transfers the ownership of the property or assets in exchange for consideration or a price paid from seller to the buyer.
  • This instrument has to be mandatorily registered with Sub-Registrar office following this ownership gets transferred to another person.

What is meant by Carpet Area, Built-Up Area & Super Built-Up Area?

  • Carpet area is the precise area enclosed within the walls, i.e., the exact area to lay the carpet (wall to wall). This space does not include the thickness of the inner walls. It is the area that one uses.
  • Built up Area are the carpet area and the thickness of outer walls and the balcony.

Super Built up Area includes all the area that is considered as common area and the built up area. Areas regarded as common areas are the lobby, lifts shaft or elevator, staircase, the corridor outside the flat, etc.

By | May 29th, 2017|Blog, Buy and Sell|0 Comments

Know the facts on Property Disputes

Before acquiring, investing, transferring or gifting a property one should have the right answers for all the right questions to avoid Property Disputes. Having the knowledge about all the rules and regulations and understanding them can help the process much easy.

Some of the Questions one must have answers for as to evade Property Disputes are as follows:

Q1. Who can purchase immovable property in India?

 Permission Purchased by



Foreign National of Non-Indian Origin
Resident in India Non-Resident
With prior permission from RBI (Reserve Bank of India)  





Residents of Iran, Nepal, Pakistan,Bangladesh, China, Sri Lanka,Afghanistan, and Bhutan can procure assets other than Agriculture/Plantation Property/Farm House Property other than Agriculture/ Plantation Property/ Farm House
Without prior permission from RBI Property other than Agriculture/ Plantation Property/Farm House


Property other than Agriculture/ Plantation Property/Farm House


Property other than Agriculture/Plantation property/Farm House are subject to approvals and fulfilling the requirement if any, prescribed by any other authorities.

Note – other than the residents of countries mentioned in above column.


On contract not beyond 5 years



Q2. Who can acquire immovable property by way of Gift in India?

Immovable Property can be acquired by way of gift either from:-

  • a person resident in India or
  • an NRI or
  • a PIO


Permission Acquired By
NRI PIO Foreign National of Non-Indian Origin
Without prior permission


Residential/ Commercial Property other than Agriculture/Plantation Property/ Farm House


Residential/ Commercial Property other than Agriculture/Plantation Property/ Farm House


Foreign National of Non-Indian origin resident outside

India cannot acquire any immovable property in India as a gift.



Q3. From whom can a non-resident person acquire immovable property by way of Gift?

  • A Resident Indian
  • A person resident outside India (i.e. NRI or PIO)


Q4. From whom can a non-resident person inherit immovable property?

A person resident outside India (i.e. NRI or PIO or foreign national of non-Indian origin) can inherit immovable property from

  1. a person resident in India
  2. a person resident outside India

However, the person from whom the property is inherited, if a non-resident, should have acquired the same in accordance with the foreign exchange law in force or FEMA regulations, applicable at the time of acquisition of the property.

Q5. Can and to whom an NRI/ PIO/Foreign National sell his residential/commercial property?


Permission Sale by NRI to Sale by PIO to Sale by foreign National Non-Indian origin to
Including citizens of Pakistan or Bangladesh or Sri Lanka or China

Afghanistan or Iran or Nepal or Bhutan.

With Prior permission from RBI





Person Resident in





Without prior permission


Person Resident in India, NRI, PIO



Person Resident in India, NRI





Q6. Can and to whom a non-resident owning/holding an agricultural land/a plantation property/a farm house in India sell the said property?


Permission Sale by NRI to Sale by PIO to Sale by foreign National Non-Indian origin to
With Prior permission from RBI





Foreign national of non-Indian origin resident outside India would need prior approval of the Reserve Bank to sell agricultural land/plantation property/ farm house in India.


Without prior permission


Person Resident in India



Person Resident in India





Q7. Can a non-resident gift his residential/commercial property and an agricultural land/a plantation property/a farm house in India?


Permission Gift by NRI to Gift by PIO to

Gift by foreign

National Non-Indian origin to

With Prior permission from RBI





Foreign national of non-Indian origin resident outside India would need prior approval of the Reserve Bank to sell agricultural land/plantation property/ farm house in India.


Without prior permission


Commercial/ Residential Agricultural/ Plantation/ Farm House Commercial/ Residential Agricultural/ Plantation/ Farm House  

Person Resident in India, NRI, PIO  Person Resident of India Person Resident in India, NRI, PIO Person Resident of India


By | May 26th, 2017|Blog, lawyers, property disputes|0 Comments

All you need to know about Power of Attorney

By | May 26th, 2017|Blog, lawyers, power of attorney|0 Comments

The Importance of Litigation Lawyers for NRIs

We have often seen NRIs seeking the help of litigation lawyers in India because of the false allegations initiated against them. Living overseas away from their country and their roots is always challenging and if on top that someone takes advantage of their situation and files baseless charges against them it almost breaks them.

Although most of the charges/accusations against them are baseless, unfounded or non-existent, it becomes fearful for the NRIs to visit India and manage their assets. More than often these charges are an effort of friends, relatives or others to prevent the NRIs from coming to India. They tend to depend on their friends and family for the management of their properties because of various reasons, being unable to travel to India frequently is the most basic one.

These invalid implications are made to seize the property or maintaining its illegal occupancy.

Requirement of Litigation Lawyers in India

NRIs need the help of lawyers as they face issues such as –

  • The fear of getting arrested
  • The loss of the ownership of their property in the country
  • Their Passports being confiscated
  • The fright of never being allowed to leave the country

After being declared Proclaimed Offenders (POs), it becomes problematic for NRIs to get trustworthy legal representatives to manage their criminal litigation case. They are often forced to stay outside the borders of the country as if they are in exile. They are just left with the wish to get a chance to India and claim what is rightfully theirs i.e. fair shares to their lost properties.

Ironically, thousands of POs who continue to live outside the country for years in fear are not conscious of the fact that the cases against them could be resolved through proper representation in the court.

The NRIs, most of the time, gets in this situation without any intentional fault. The lack of updated and clear documents or the issuance of Power of Attorney (POA) is most common factors that put them in this problem.

Certain precautionary steps can be taken to avoid the property issues. These steps can help them to protect themselves from any fraud such as illegal sale or possession of their estate or false criminal litigation or transfer of assets. The following steps can help them –

  • Maintaining proper and appropriate documents related to the property.
  • Holding validated title deed, current updated documents with ground reality of the property.

The documents should contain

  1. the description of the property
  2. explicit mention of the size and area
  3. specific mention of the owner’s name
  4. all the aspects of the assets after the proper evaluation of the same
  5. translated into understandable language
  6. clear information about what the NRIs own and possess in India
  7. Issuing Special Power of Attorney instead of General Power of Attorney

These small steps are enough for NRIs to fight and protect themselves from criminal litigation and any other property dispute. If they ever find themselves in false case they should immediately seek help of Litigation Lawyer in India.

By | May 18th, 2017|Blog, Criminal Litigation|0 Comments

Dual Citizenship

Dual citizenship, as the name itself hints, is an arrangement as per which a citizen has two citizenships. One is of his country and another of the nation to which he/she belongs to, or of two different countries concurrently.

For instance, in the United States, if a person belongs to the State of Florida, he/she is also a citizen of the State of Florida along with being the national of the United States of America.

Whereas in India, there is no dual citizenship in this regard. For instance, if someone belongs to Punjab or Haryana or Delhi he/she is only an Indian citizen irrespective of where he is domiciled.

Lately, India has conferred what could well be termed Dual Citizenship to Persons of Indian Origin for those who have obtained the nationality of any of the 16 particular countries by identifying them as the nationals of India, regardless of their citizenship of a foreign nation.

Those Indian citizens who choose to acquire citizenship at a later date of any of these countries are also incorporated. The Union Government in September 2004, in this regard, altered the name of the Ministry of Non-­resident Indians Affairs (Anivasi Bhartiya Karya Mantralaya) to the Ministry of Overseas Indian Affairs (Pravasi Bhartiya Karya Mantralaya).

Regardless of all this, it is important to comprehend that Indian Constitution DOES NOT grant dual citizenship, i.e., having Indian citizenship and citizenship of a foreign country at the same time.

The Government of India gives Overseas Citizenship of India (OCI), usually mistaken as ‘dual citizenship.’ Person of Indian Origin (PIO) of some sections who left India and obtained foreign nations citizenship, other than Pakistan and Bangladesh, are fit to be granted an OCI only if their native countries recognize Dual Citizenship in some form or the other.

However if given an OCI card, it does make one a regular citizen of India. Following are the limitations:-

  • An OCI does not obtain an Indian passport. There is no such thing as an OCI visa.
  • No voting rights for OCI.
  • An OCI cannot contest elections.
  • An OCI is not allowed to hold constitutional posts such as President, Vice-President, Judges of Supreme Court/High Court, etc.
  • OCI cannot regularly work in the Government of India.
  • An OCI Cannot acquire agricultural or plantation properties in India.

Therefore, Overseas Citizenship of India is not similar to the citizenship of India and therefore does not amount to dual citizenship/dual nationality. An OCI card holder cannot use Indian IDs. Moreover, the OCI card is not a substitute for an Indian visa and therefore, the passport which displays the lifetime permit must be carried by OCI card holders while traveling to India. OCI Cards are now being allotted without the lifelong “U” Visa Sticker (which is usually viewed on the applicant’s passport). The proof of lifetime visa will be just the OCI Card which will have “Life Time Visa” printed on it. The OCI Card stands verified with any Valid Passport. However, countries may consider the OCI as dual citizenship: for example, the UK government acknowledges that, for purposes of the British Nationality Act of 1981, an OCI is recognized to be the dual citizenship of another State. As of 9 January 2015, the PIO card scheme has been discontinued and applicants are to apply for OCI only. All currently held PIO cards are treated as OCI cards. PIO card holders will get a special stamp in their existing PIO card, saying “lifelong validity” thus making them equal to existing OCI cards.

The proof of lifetime visa will be just the OCI Card which will have “Life Time Visa” printed on it. The OCI Card stands verified with any Valid Passport. However, countries may consider the OCI as dual citizenship: for example, the UK government acknowledges that, for purposes of the British Nationality Act of 1981, an OCI is recognized to be the dual citizenship of another State. As of 9 January 2015, the PIO card scheme has been discontinued and applicants are to apply for OCI only. All currently held PIO cards are treated as OCI cards. PIO card holders will get a special stamp in their existing PIO card, saying “lifelong validity” thus making them equal to existing OCI cards.

By | May 9th, 2017|Blog|0 Comments

Real Estate Regulation Act – Provisions & Their Implications

The absence of authority and lack of proper rules and regulations in the real estate sector has always been a problem. The buyers have had problems such as the delay in possession, transfer of the deed or poor quality projects and much more and the builders are not held accountable for their actions or lack thereof.

The biggest harassment that a customer faces is a delay in possession of their property. Such a delay may extend to almost six years or more with no property in sight.

With the enforcement of RERA in India, the sector has now got its own Regulatory Authority. Each and every state and Union Territories will have its own Authority, and the aim of such authorities will be to frame rules and regulations as per the RERA.

To ensure the timely possession of the properties the Act has made some provisions. The developers will have to get registered their on-going projects that have not received a completion certificate. After the registration, they will have to follow all the rules and regulations of the Regulatory Authority.

Provisions in RERA 

Some important rules in RERA will help prevent the developers from delaying the projects and stick to deadlines.

Written Affidavit:

  • The buyers will now get a legal declaration from the developers along with all the other required documents.
  • The legal document will be supported by an affidavit that will state the period within which a phase or the project will be completed.

Specify the Possession Date:

  • The developers will have to specify in agreement of sale – the date of possession and the rate of interest in case there is a delay.
  • The period will be different for every builder. The buyer will have to sure if the time will suit him or not while investing in the project.

Clear title of the land:

  • Most of the time the construction or delivery of the projects get delayed because of the land on which the development has to take place gets involved in disputes.
  • The developers will now have to provide a written affidavit stating that the legal title to the land on which the project has to be built belongs to him.
  • They will have to show the valid legal documents related to land and if another person owns the property then the authentication of the title.

Free from Liability:

  • Sometimes the builder just can’t transfer the title to the buyer because of some liabilities.
  • The developer will have to provide a written affidavit stating that the land is free from any liability.

Maintaining Separate Account:

  • The developer will now have to maintain a separate account in a scheduled bank – an escrow account and 70 percent of the amount received from the buyers will be deposited in the account.
  • The capital will be used to cover the cost of the land and the construction.
  • They will be able to make withdrawals as per the work completed after it is certified by a chartered accountant, an architect, and an engineer.

An offence:

  • If the developers/builders abide by the rules of RERA in India, they will not only lose the registration of the project but will liable for the punishment.
  • The punishment may vary – imprisonment for a term that may extend up to three years or fine that may extend up to ten percent of the estimated cost of the project, or both.
By | May 6th, 2017|Blog, rera|2 Comments

Goods and Services Tax and its Impact

The Indirect Tax system of India is incredibly complex because of the numerous types of taxes levied by the Governments both center and state on Goods and Services. For example Entertainment Tax for watching a film, Value Added Tax (VAT) for purchasing goods & services by the consumer. Taxes such as excise and import Duties, Luxury, Central Sales, Service and Entry Tax are few other taxes in the list.The Goods and Services Tax is a massive reform in indirect tax structure in Indian taxation system.

Many experts have therefore proposed that to resolve the problems of increased taxes it is required to streamline all indirect taxes and implement a “single taxation” system. This system is entitled to Goods and Services Tax or GST. This GST will be tolled both on Goods and Services.

In simple terms, GST is a tax that people need to pay while supplying or providing of goods & services.

The suggested GST model:

A twin GST system is cataloged to be implemented in India as proposed by the Empowered Committee under which the GST is divided into two parts:

  • Central Goods and Services Tax (CGST)
  • State Goods and Services Tax (SGST)

The benefits of the bill:

  • The tax structure will become lean and straightforward.
  • The whole Indian market will be an incorporated market which may transform into lower business costs. It can simplify the seamless movement of goods across states and reduce the transaction costs of activities.
  • It is profitable for export companies as it will not be levied on goods/services transported abroad.
  • Its implementation will yield long-term benefits. The flatter tax burden could translate into lower prices on goods for customers.
  • The Suppliers, manufacturers, wholesalers and retailers can recover GST suffered on input costs as tax credits. This may decrease the cost of doing business, thus enabling reasonable prices for customers.
  • It can bring more transparency and better compliance.
  • GST implementation can control corruption. The fraction of departments (tax departments) will decrease which in turn may lead to less corruption and scams.
  • More business persons will come under this banner of tax system thus widening the tax base. This may result in larger and increased tax revenue collections.
  • Companies which are under disorganized sector will also appear under the tax scanner.
  • The method of GST registration would also be made accessible, thereby improving the ease of starting a business in India.
  • GST is assumed to have a positive impact on the Central and the State level.As per the latest reports, the introduction of GST would help India to gain $15 billion every year. Let us see how:
  • Improved exports,
  • More opportunities for employment,
  • Enhanced economic growth, and
  • Reduced burden on central and state government.

To conclude, GST is a single taxation system that will diminish the number of indirect taxes. The GST will replace maximum other indirect taxes and synchronize the differential tax rates on mass-produced goods and services.

The government of India maintains that GST will improve Indian GDP by 2%. With the implementation of GST, consumers will have funds to pay because of the lower tax rates. It can be stated that it will completely change the indirect tax system in India.

By | May 5th, 2017|Blog, GST|0 Comments

Invest in India without Fear – RERA is here

Keeping in mind the rapid growth process in the real estate sector and its contribution to Indian Economy the Government introduced the Real Estate Regulation Act (RERA). Their aim was to provide world-class facilities to its citizens by providing a home for all, developing smart cities and making advancements in the infrastructure sector.

The growth in real estate has been resulting in the increase of disposable incomes and hence, the market for real estate in the country. But with the continuous progress in this sector, the people (buyers) have been facing some issues when investing in the property due to the immoral and unethical practices across the country.

Issues such as lack of transparency and accountability of actions of developers affect buyers. Sometimes the problem is on the part of builders, but sometimes it is just due to the delays in the project approvals and dispute resolution that the demand of the buyers and industry is not fulfilled.

This issue called for a reform and supervised real estate sector. The government, therefore, started the process of Real Estate Regulation Act (RERA).

Commencement of Real Estate Regulation Act

The whole process of RERA began with the introduction of Real Estate Regulation Bill by United Progressive Alliance (UPA) in 2013.

  • 9 September 2013 – the bill was referred to the standing committee on Urban Development for examination.
  • 8 October 2013 – the standing committee heard the briefing of the Ministry of Housing and Urban Poverty Alleviation.
  • 6 November 2013 to 12 December 2013 – the standing committee heard all the views of some of the NGOs working in the real estate sector.
  • 12 February 2014 – after hearing all the parties and having public opinion the standing committee prepared its report
  • 13 February 2014 – committee submitted
  • 7 April 2015 – under the chairmanship of Prime Minister, Mr. Narendra Modi, the Union Cabinet gave its approval to the amendments in the Bill
  • 6 May 2015 – the Bill was introduced in the Rajya Sabha and then directed it to the standing committee containing 21 members of Rajya Sabha.
  • 3 July 2015 – the Select Committee held 17 sittings to examine the bill
  • 30 July 2015 – the committee submitted its report to the Rajya Sabha
  • 10 December 2015 – the Cabinet accepted 20 major amendments to the Bill
  • 10 March 2016 – finally Rajya Sabha passed the bill
  • 15 March 2016 – the Lok Sabha passed the Bill, and it received the assent of the President
  • 1 May 2016 – the Real Estate Regulation (and Development) Act (RERA) came into force with 59 of 92 sections
  • 1 May 2017 – the remaining provisions came into force

It took a little time for the Act to come into effect but once implemented, it can transform the look of Real Estate Sector in India. It is a reform in the real estate sector that will help the government to strengthen the Indian Economy as well as protect its citizens.

The Act covers a broad range of issues in real estate market such as the launch of a project to post sales problems of buildings, apartments, flats, plots, offices, shops and other such properties.

By | May 3rd, 2017|Blog, rera|0 Comments

RERA – Real Estate Regulation Act

The Real Estate Regulation Act (RERA) 2016, which was announced by the government last year, finally came into effect on 1 May 2017 in the country. It was declared with the purpose of bringing transparency and accountability in the realty sector and ensuring the safety of the consumers from the developers. It is a very common practice where a consumer gets duped or cheated by the developers; cause a delay in delivering the property, or the developers don’t give the title of the deed to the owners.

Implementation of Real Estate Regulation Act

  • The Ministry of HUPA (Housing and Urban Poverty Alleviation), to ensure the enforcement of the Act by 1 May, was notified a week ago so to formulate and announce rules for the functioning of the regulation.
  • HUPA Ministry will formulate rules for UTs, but for Delhi, the rules will be set by Ministry of Urban Development.
  • The Central and State Government will formulate rules under RERA within six months.
  • Even though RERA is central law, the implementation of the Act will depend on the state government.
  • To resolve the complaints of buyers and developers an authority – Real Estate Regulation Authority – will be established by both the Central and State Government within a year from 1 May.
  • It will be required by the authority to give their decision within 60 days.
  • The government can elect any officer as the interim Regulation Authority, awaiting the establishment of the authority.

Impact of RERA on Homebuyers

The government has always worked to protect and safeguard the rights of the citizens of the country. Therefore, to protect buyers from certain practices of developers RERA has been implemented. RERA will not only affect Buyers but the Builders and Developers also. Some of the factors that will buyers are:

  • The customers who are to buy/ invest in an on-going project or in a project that is not registered as of now, they will be protected under RERA as all the terms related to the project will now be as per the Act.
  • Even the pricing of the property are expected to be affected by RERA and GST, but it may take some (like 6 to 12 months) time to conclude.
  • Until now the developers used to charge for super built-up area i.e. carpet area plus the thickness of outer walls and the balcony plus the proportionate area of common areas such as the lobby, stairs, etc. But now after implementation of RERA, the buyer only have to pay for carpet area i.e. area within the walls,
  • The developer will be required to maintain a separate escrow account. He will have to transfer 70 percent of the money received from the buyers to the account. These funds can be withdrawn as per the stages of the construction and will have to be approved by engineers and chartered accountants of builders. This step is to prevent the developers from using the money raised for one project for another project.
  • The developers will have to keep the buyers informed about the on-going project so as to provide clarity to them.
By | May 2nd, 2017|Blog, rera|0 Comments
Load More Posts