FAQ

In such a situation, if the trespasser occupied the possession of the property for a continuous period of 12 years and your father did not interrupt the same, then the trespasser can claim the property based on adverse possession.

Yes, a period of 4 months from the execution of a document and an additional four months on the expiry of the first four months.

According to Hindu Law, after the death of a female, her property is devolved upon her children, children of predeceased children and husband. Therefore, in your case, children of predeceased children can claim their grandmother’s property.

Any individual, whether NRI or not, is liable to file ITR if his/her income is above INR 2,50,000 subject to certain conditions.

Since you do not have any proof for contributing the money in purchase of property in the name of your brother, legally he is the owner of the property and it being his self-acquired property he can dispose of the same as per his wishes. Unless, you have the proof, it would be different to get your share. Make contact with a good lawyer, explain all facts and documents to him and act according to his advice.

Yes. Illegitimate children that are born form a man and a woman out of wedlock or they are not married will be considered as legal heirs.

An NRI can open Non-Resident External Account, Non-Resident Ordinary Account and Foreign Currency Non-Resident Account.

Any property with multiple numbers of property owners, whether commercial or residential, can be the subject of a partition action.

Yes, Intestate succession laws under the Indian Succession Act differ for different religions. For example, Hindus, Muslims, and Christians have different succession laws in the absence of a Will.

NRIs can invest in many instruments. Some restrictions exist, though. For example, NRIs cannot invest in small savings schemes like the Public Provident Fund (PPF) through their NRE/FCNR accounts.

NRIs are generally not allowed to purchase agricultural land in India. However, they can inherit such land. Specific rules may vary by state.

No, residents with a regular demat account do not face restrictions on the repatriation of funds. They can freely transfer money to and from their demat account without adhering to specific repatriation guidelines.

Residents can hold a demat account jointly with another resident Indian, ‘either or survivor’ or ‘anyone or survivor’ basis, subject to the rules of the depository.

NRIs need documents such as a PAN card, passport, and OCI/PIO card and may require an NRO account for the transaction.

NRIs should promptly update their demat account status if there is a change in their residential status. Please do so to ensure compliance with regulations, which may affect their ability to operate the account smoothly.

NRIs should conduct thorough due diligence to ensure that properties are free from disputes and encumbrances as required by the Act.

The property documents procured in vernacular languages are translated into English to ensure a clear understanding of the documents by our clients.

As our local team physically visits the property to understand its correct actual on-ground status, we include the photographs of the property in the title search report to give detailed information regarding the property.

Yes, a compensation can also be claimed if the builder is at fault.

It is possible to challenge a will basis fraud, undue influence, or lack of testamentary capacity. However, the responsibility of providing proof lies with the individual contesting the will.

After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, mother etc. Hence, a son can claim a share of his mother along with other legal heirs alive in the class 1 category.

Rights of grandson to inherit his grandfather’s property is from birth. A father can exclude his son from his self-acquired property, but a grandson cannot be excluded from his grandfather’s property, especially if the property is ancestral.

As per the traditional laws, a Hindu divorced woman can claim her ex-husband’s property, provided she did not re-marry after the divorce. This was mentioned in section 24 of the Hindu Succession Act 1956. However, by virtue of the Amendment of 2005, section 24 has been deleted and now, even if a widow re-marries, she can still claim her right in the property of her ex-husband.

Yes, a suit for partition can be instituted by a person who is not residing in India, provided such person has a right in a joint property situated in India.

A succession certificate holder can sell the deceased’s property. However, a legal heir certificate holder can sell the property of the deceased person only after taking written consent from all the legal heirs of the deceased in the form of NOC, i.e. No Objection Certificate.

Yes, provided there is a duly executed Power of Attorney empowering such individual for such representation. Furthermore, the said POA shall be produced before the Sub Registrar.

Yes, if the same is challenged in the court, then it needs to be testified by the attesting witnesses

No, a regular demat account cannot convert into an NRI demat account. NRIs need to open a separate NRI demat account to comply with the regulatory requirements for managing Indian investments from abroad.

A succession certificate cannot be granted for immovable property. According to the provisions of the Indian Succession Act, a succession certificate refers to a document which provides the holder of the certificate to receive or pay the securities and debts owned by the deceased on his behalf.

Yes, the SPA holder of an NRI can enter into a Tenancy Agreement with the tenant. It has to be explicitly mentioned in the agreement that the SPA holder is authorized to enter into the agreement on the basis of SPA executed by the landlord.

No, a tenant cannot dispute the ownership title of an NRI landlord.

Yes, the title search or property search can be conducted on all kinds of residential, agricultural and commercial properties.

The title search or property ownership search can be conducted on all kinds of properties, including agricultural properties. So, if you’re willing to conduct a title search or property ownership search over the agricultural land, you can approach the property lawyers or real estate attorney.

1. Will can be registered after the testator’s death.
2. Before the Sub Registrar, the party making a claim under the Will must present the Will, documents pertaining to the testator’s death, the witness, and the scribe.
3. Before the Sub-Registrar, an affidavit stating that the testator had signed the Will in our presence and was in good physical and mental health at the time of execution must be submitted by two attesting witnesses. Additionally, the testator executed the will voluntarily.
4. If Sub Registrar is satisfied with the truth and genuineness of the execution of the Will, he will register.

 

Yes,it can be claimed as a right if all the requisites of the plea are complied with, i.e. the possession must be uninterrupted, peaceful and for a continuous period of 12 years.

Under FEMA regulations, it is clear that NRIs are not permitted to buy agricultural land in India. But under certain circumstances, by getting special permission from the RBI, NRI will be able to purchase such land.

Yes, an individual can apply for an encumbrance certificate online, but only in some states in India, that is, Andhra Pradesh, Telangana, Kerala, Tamil Nadu and Uttar Pradesh.

A partition action is a highly technical legal action with numerous specific court requirements to be met. Hence, we recommend bringing such actions through an experienced legal lawyer to ensure that your rights are protected.

No, an NRI is restricted under the RBI guidelines from acquiring agricultural land.

No, an NRI demat account cannot held jointly with a resident Indian. The NRI demat account is held jointly with another NRI.

It is possible to gift property by an NRI. But the property should not be agricultural land or any plantation property. No tax is levied on gifts when relatives receive the gifts. But have to pay prevalent stamp duty and registration charges

An NRI can execute a Special Power of Attorney in favour of a local person for the said purpose.

An NRI can initiate partition proceedings from abroad by filing a suit through a legal representative in India or by granting a power of attorney to a trusted individual.

An NRI landlord can execute a Special Power of Attorney in favour of a person in India to give him powers for proper representation of the landlord in the Court and to carry out all other required actions related to the eviction process.

An NRI can participate remotely by appointing a power of attorney or videoconferencing if the court allows it. However, personal presence may be required for certain crucial stages.

Yes, an NRI can sell their share after partition, subject to compliance with FEMA regulations and tax laws. However, it’s advisable to consult a legal expert before proceeding.

It is possible to bequeath property to their legal heirs and anyone as per the choice through the Will. An NRI is also allowed to inherit property from another NRI or resident of India.

Once an ancestral property is divided/partitioned, it halts being an ancestral property and becomes the only inherited property.

Yes. The LCA allows the parties in an arbitration to attend arbitration proceedings personally as well as authorize their representatives, such as lawyers, to attend the proceedings.

In father’s self-acquired property, the daughter has no birthright over it. However, if the father dies without executing a Will, the daughter can claim an equal share in the property, self-acquired as that of a son.

Generally, you must already reside abroad to open an NRI account. However, some banks may allow you to open an account if you have a valid visa and are about to leave India.

NRI accounts can be operated jointly with other NRIs or resident Indians, but the primary account holder must be an NRI.

Yes, India accepts most international credit cards. Your bank should be informed about your travel plans so that transactions go smoothly.

Yes.

No, landlords cannot take such extra-legal measures to coerce tenants to vacate. Denial of essential utilities is an illegal constructive eviction, and tenants can notify authorities.

No. Landlords must follow due process and issue proper advance eviction notices for 1-3 months, depending on state law, before initiating eviction proceedings through the rent controller.

No, most states cap periodic rent increases by 10-15% over 3-5 years. Arbitrary increases are prohibited.

Yes, a legal heir certificate can be applied online. You can fill out the application form on the e-portal of a district of the relevant jurisdiction and attach all the required documents. Apart from that, the fees must be paid online while submission of the application forms. When the certificate is ready, it can be downloaded from the e-portal itself.

TDS is applicable for NRIs on Mutual Fund Redemption. The rate depends on the type of scheme and the holding period. The TDS rate is charged at the highest applicable rate. When the NRI falls in a lower tax slab, they are eligible for a refund when they file their returns.

Yes, they can acquire or transfer immovable property in India on a lease not exceeding five years.

NRIs can use DTAAs to avoid double taxation in their country of residence and India and benefit from it.

NRIs can purchase and own property in India, subject to certain conditions and restrictions outlined in the Act.

NRIs can claim exemptions under Sections 54 and 54EC of the Income Tax Act.

The NRI can only open his bank account with RBI-authorised dealers/Banks.

This repatriation is restricted to the sale proceeds of two residential properties in India or up to USD 1 million.

NRIs can repatriate the sale proceeds, but FEMA regulations set limits.

Yes, a partition can be done for all types of properties, i.e., agricultural, residential, or commercial.

Yes, it is possible to give Power of attorney to two or more at the same time. It is also possible to name a second agent to take over in certain circumstances.

No, the funds cannot be transferred to the account of a deceased person.

Yes, it can be challenged. Once the application for succession certificate is filed in the Court, the court will issue notices to all the relatives and legal heirs of the deceased asking if anyone have any objection regarding the grant of the succession certificate to the applicant.

Tenants require consent from the landlord as per the agreement to sublet any part of the rental property, failing which can be grounds for eviction.

Yes, the builder can be sued for the same under deficiency of service.

While you can approach both forums independently, it is advisable to engage a property lawyer. Only an expert can send a well-drafted legal notice and complaint substantiating your claim in the Court of law.

According to the law, a married daughter has every right to claim a share in
her father’s property. She has as many rights as her brother or unmarried sister.

• Does the son have the right to his father’s property?
• Son is a Class I heir and has right on the father’s property.

PAN card is compulsory for repatriation from India, even if you have a National Insurance Number.

Yes, an NRI can conduct a title search for all kinds of properties, whether ancestral or self-acquired.

The rent agreement is commonly terminated upon the expiry of the agreement; however, it can also be terminated during the tenancy period. The rented property can then be left according to the lock-in period. In such a case, the tenant ensures that he collects his deposit from the owner.

Yes, one can conduct a title search for all kinds of real estate assets – agricultural, residential and commercial properties.

NRIs (non-residents of the USA and Canada) can invest in mutual funds just as quickly as Indian residents. The NRIs can invest in mutual funds by opening one of the following accounts with an Indian bank:

• A Non-Resident External Rupee (NRE) account
• A Non-Resident Ordinary Rupee (NRO) account
• A Foreign Currency Non-Resident Account (FCNR)

No, the witness of the Will should not be in blood relations. It would lead to suspicious circumstances as it would be assumed that the witnesses are going to support the Will in any given circumstances.

In Ravinder Grewal & Ors. v. Manjit Kaur & Ors., the Hon’ble Supreme Court held that a person holding possessory title, i.e., title by Adverse Possession can use it as a ‘sword’ as the Plaintiff and as a ‘shield’ as Defendant within the purview of Article 65 of the Limitation Act, 1963.

Property disputes are commonly due to: title disputes, inheritance conflicts, tenancy disputes, boundary disagreements, easement disputes, and land possession.

Generally, it is misunderstood that Lal Dora property cannot be regularized. However, it is a wrong assumption. It can be done by visiting the office of the Sub-Divisional Magistrate located in the relevant jurisdiction on the area. An application in the prescribed format must be submitted along with the affidavit containing the details of the property and its owners.

A valid Gift Deed entails the followings conditions: – 

1. Gift must be accepted during the lifetime of the donor.
2. Gift must be for the existing property; Gift in regard to future property is void.
3. Gift to two or more donees that one does not accept shall become void.
4. Gift has to be accepted with burdens or obligations imposed if any.
5. If the Gift consisting of the donor’s whole property, the donee is personally liable to pay all debts due by the donor at the time of acceptance.

Generally, most of Non-Banking Financial Institutions and Banks do not provide home loan or loan against property for Lal Dora properties or land. However, there are a few of them, who can provide loan on the said properties.

You do not have any rights in your step–father’s property as his children and your mother, being class 1 legal heirs, will have right over his estate.

In certain cases, even if the total gross income does not exceed the exemption limit, an individual will have to mandatorily file an income tax return, for example, when (i) an Individual has deposited an amount exceeding Rs 1 crore in one or more current accounts maintained with a bank or co-operative bank (ii) Individual has spent an amount or aggregate of amounts exceeding Rs 2 lakh for himself/herself or any other person for travel to a foreign country; (iii) an Individual has Spent more than 1 lac on electricity

Overseas citizens or NRIs don’t need to travel to India if they have the current ownership status over their properties in India. The title search or property search report can be conducted in their absence and details shared with them with the ease of relaxing at their home.

Yes, securing police verification for the property to carry out a complete background check on the tenant would be crucial.

NRIs are liable to pay capital gains tax on selling property in India.

Yes, tax advisory services include long-term financial planning for saving taxes and paying accurate and appropriate taxes.

Yes, as per section 17 under the Registration Act 1908, it is mandatory to register a gift deed.

No, as it is covered under testamentary instruments, which do not require mandatory registration.

Yes, in addition to the current ownership status of the property, details regarding its previous owners are also extensively mentioned in the title search report.

Yes, the title search also enables the property owner to know what is the total area of their property, including the survey/khasra numbers of their property.

Yes, the value of partitioned and unpartitioned land varies as partition land fetches a better price at the time of sale.

Negotiation can be less costly, quicker, and less stressful than litigation with mutual benefits for both parties.

An NRI is an Indian citizen who resides outside India for employment, business, or other purposes, intending to stay abroad indefinitely.

After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, mother etc. Hence, in your case, your father’s children from your first wife, your father’s second wife and his mother, if alive, will be entitled to share in your father’s property.

In disagreement, the court may appoint an independent valuer or commissioner to assess the property’s value. Parties can also agree to engage a mutually acceptable independent valuer.

There is no differential taxation rate for resident Indians and NRIs. NRIs must pay Tax on short-term capital gains on debt funds as per the person’s income tax slab and equity funds at a flat rate of 15%. On long-term capital gains on debt funds, they must pay 20% tax with indexation and 10% tax without indexation, and no tax on the sale of long-term equity funds. However, for NRIs, the Tax is deducted at source, while resident Indians must make tax payments as per the advance tax schedule. Also, NRIs who live in countries that do not have a Double Taxation Avoidance Agreement, i.e., DTAA with India, will have to pay taxes both in India and their country.

Residents are subject to Indian tax laws, including capital gains tax on profits earned from securities trading. On the other hand, NRIs are subject to tax laws in India and their country of residence. Double taxation agreements may apply, allowing NRIs to claim credit for taxes paid in one country against taxes payable in another.

To acquire title by the plea of adverse possession, the following requirements must be complied with: –

1. Possession must be uninterrupted and peaceful
2. It must be continuous for 12 years.

To get a succession certificate, a petition must be prepared and filed in the relevant district court as per the jurisdiction. The relevant jurisdiction will be the ordinary residence of the deceased where he was residing at the time of death.

To claim adverse possession, the possession of the property must be with the trespasser. In the current situation, the actual owner gave the possession to the person as a tenant, and thus he cannot claim the plea of adverse possession.

If a person has paid tax on the sale of property in India, then he can get a tax credit of the taxes paid in India, which will reduce his tax liability in the other country. Two methods are specified to claim tax relief – the exemption method and the tax credit method. In the exemption method, NRIs have to pay tax in only one country and have to be exempted in the other. In the tax credit method, if the income is taxed in both countries, tax relief can be claimed in the country of residence.

NRIs can either file a litigation proceeding or enter into a Family Settlement Agreement to get a fair share of the family property.

The Schedule under the Indian Stamp Act governs the stamp duty collected on a particular instrument. Furthermore, each state may have its amendment in the said Act.

One can always approach the court in order to file a petition for obtaining the succession certificate, which basically will give access of the properties to the holder of the said certificate.

• Use the IP regularly and correctly
• Register the IPRs.
• Be vigilant against misuse and infringement of IPRs.
• Go for Legal Action without delay.

Landlords and tenants can mutually opt for alternate dispute resolution through mediation, where a neutral third party facilitates negotiation, or arbitration, where an independent arbitrator reviews evidence and makes a binding decision.

District Legal Services Authorities (DLSAs) conduct Lok Adalats, which serve as dispute resolution forums where trained mediators assist those who voluntarily approach them with disputes, including NRI property disputes.

An encumbrance certificate (EC) can be obtained from the sub-registrar’s office in the applicant’s region. All property registration procedures are handled at the Sub-Registrar’s office.

Centres like ICADR and state arbitration centres provide infrastructure facilities, procedural assistance, a panel of experienced arbitrators across sectors, and a robust framework to conduct arbitral proceedings – which makes arbitration smooth and efficient for even complex NRI property disputes.

RERA will be the appropriate authority if the project is large (exceeding 500 sq. mtrs or units more than 8).

GST is a new concept and is a part of every business transaction. The Tax Advisory services offered by legal firms help to study the impact of GST on business transactions.

It is essential to pay attention to the factors like environmental clearances etc. However, getting a bit of legal advice will be beneficial.

Registration of IPRs confirms the ownership of the intellectual property. It helps to monopolize the creation and ensures that no one else uses the invention without the consent of the actual owner so that the owner gets the monetary benefits

The tax advisory services include services of tax advocates who select the best strategy for defending the cases in courts and tribunals, besides providing for representation.

The Act establishes legal procedures for property transactions and the required documentation for NRIs to acquire and maintain property in India.

Taxes are collected by the Government by way of three means:

1. Voluntary payments made by the taxpayers into various designated Banks, which includes Advance Tax and Self-Assessment Tax,
2. Tax deducted at source, i.e., TDS, which is deducted from the income of the receiver, and
3. Tax collected at source, i.e., TCS

The Act defines the terms and conditions of leasing and renting property in India and addresses issues like rent control and eviction.

Ancestral property can be inherited for up to four generations and is subject to equal division among legal heirs, including daughters, after the 2005 amendment. Self-acquired property can be willed according to the owner’s wishes.

The ownership rights of all the owners are equal in the case of joint property. The shares in the property are partitioned through a department or court of law, as the case may be.

Stamp duty is provided by State Governments under their respective State Stamp acts and Rules to the Indian Stamp Act 1899

Determination of Tax on an individual’s income depends on the source of such income and the residential status in India.

Please note that the partition suit varies from case to case. There is no prescribed timeline for the conclusion of the suit. However, on an average, it takes about 2 – 3 years to get the property partitioned.

The duration may vary depending on whether it’s settled through mutual consent or court proceedings. Mutual consent can be quick, while court cases may take several years.

The repatriation process usually takes 3-7 business days, depending on the bank and the amount transferred. More significant amounts may require additional documentation and processing time.

The property should be held for more than 24 months to qualify for long-term capital gains.

The parties mutually decide the number of arbitrators and the procedures for the appointment of the arbitrators. If the parties do not concede to a mutual decision in regards to the arbitrators, then three arbitrators would be appointed. In case of a failure to appoint an arbitrator, an arbitrator can be appointed by the president of the arbitration centre or any Court that has the jurisdiction.

There will be a separate three-tier system, Rent Authority, Rent Court and Rent tribunal, separate from regular civil courts, to decide the rent matters in a fixed time limit.

There is no such upper transaction limit for an NRI, and he can easily transfer any amount from his NRE and FCNR accounts. However, it is to be noted that an NRI can remit only an amount up to USD one million out of the balances of an NRO account, provided they meet the eligibility criteria.

Minimum balance requirements depend on the bank and the account type. Some banks offer zero-balance NRI accounts, while others may require a minimum balance ranging from ₹10,000 to ₹100,000 or more.

Most state laws mandate landlords provide tenants at least 24-48 hours advance notice before entering for inspection and repairs to respect tenant privacy.

The process to get a succession certificate may take 5 to 7 months. At least 15 to 30 days are required to issue a legal heir certificate.

Taxation rules for NRIs and residents of India are alike. For equity mutual funds, the investments made for one year or less will be taxed at 15% per the short-term capital gains taxation rules. For long-term investments, mutual funds are taxed at a rate of 10% per the long-term capital gains taxation rules.

A landlord cannot enter the house of the tenant at any time. It must be with a prior notice.

The spouse’s name can be added to the already registered property in two ways. Firstly, you can execute a sale deed favouring your spouse and get it duly registered with the concerned sub-registrar of the area. One needs to do so by paying the necessary transfer fees. Secondly, you can also execute a gift deed in favour of your spouse and get it duly registered with the sub-registrar. This registration has to be in the said jurisdiction and on a duly stamped deed. You can specify the portion of the property, either 50% or any other percentage of the portion of your choice that you wish to give to your spouse.

A property owner should apply for the Mutation of the property in their name at the relevant concerned authority, which maintains the land record of the said property.

The partition can be made by mere declaration to divide. When a joint-heirship partition occurs between brothers, they will acquire equal shares in the property after partition. For instance, if there are three brothers, each will take 1/3rd of the ancestral property after partition.

Any individual whose income exceeds INR 2,50,000, irrespective of them being NRIs or not, has to file an income tax return in India.

An NRI (Non-Resident Indians) or a PIO (Person of Indian Origin) is eligible to receive property as a gift. The donor has to be a resident of India/NRI/PIO. The property to be transferred as a gift must be either a commercial property or a residential property, but not agricultural land, plantation property or farmhouse in India.

As mentioned by you, the flat is still under construction. Therefore, execution of a gift deed in your daughter’s name will not be possible. Execution of the gift deed will only be possible when the property gets registered in your name. The Gift is possible on an existing property and not a future one.

As the title search is exhaustive, it gives precise details about the property’s past and present ownership status along with mutation/transaction entries. In case there is any illegal transfer, we provide legal advice in this regard so that the concerned person can take timely action to challenge any unlawful transfer. This helps NRIs in restoring their rights in the property by adopting legal measures.

To claim the property based on adverse possession, the possessor must occupy the property without the knowledge of the actual owner. Thus, if the property is occupied by you, being the caretaker, you cannot take the plea of adverse possession if the property owner has been visiting the property and the possession was interrupted.

While a title search or property search report is prepared, not only it includes the current name of the person(s) in whose name the property reflect, it also consists of the valuation (Government and Market Valuation) of the property.

Yes, through the title search, the property lawyer or real estate attorney conducts a search over the property as per the requirements, and they can help the NRIs in informing them about the pending mortgage/loan or even pending litigation over the property.

In this case, a landlord has to file a suit for recovery against the opposite party to claim the money due towards the rent.

To answer your query, the disqualified legal heir can challenge the Will as no reason has been given to disqualify him by the executant of the Will. Will can also be challenged on the ground that it was made due to undue influence, duress, or lack of mental capacity.

In the absence of a father and mother, it is possible by law to divide property between younger and older brothers. Following that, the younger brother may file a partition case in court and begin partition proceedings.

Along with the property’s current ownership status and commercial (market) value, the title search report also provides information regarding mortgage, loan, or pending litigation concerning the property. This can help understand the actual current value of the property as an asset.

The excess Tax paid can be claimed as a refund by filling the Income-tax return. It is refunded to the person by crediting the same in their bank account through ECS transfer. 

In case there is an absence of family settlement at the time of partition, the land is partitioned by adopting the principle of good-to-good and bad-to-bad land. On the basis of this principle, the land is distributed amongst the co-owners, and they are granted a share of equal value.

Yes, if you have a joint (Either or Survivor) account, in that case, if one holder has passed away, the funds can be repatriated to the surviving holder’s account.

It depends upon the terms and conditions of the agreement. In general, the buyer can stop the instalment, and he can seek a refund of his instalments already paid from the Court due to the buyer’s delay.

Yes, only if the following requisites are complied with: –

1. Possession must be uninterrupted and peaceful
2. It must be continuous for 30 years.

Service of legal notice is mandatory for seeking eviction. Even if the situation turns bad with the tenants, police cannot help in taking possession of the property. Only the Court of Rent Controller under whose jurisdiction the property is located has the power to order for Eviction of a tenant.

Yes, the Will can be challenged by the excluded heir.

For repatriation, it is mandatory to have Original Bank Documents to initiate and complete the process of repatriation.

Yes, a landlord can file an eviction petition in the Court on the basis of an Oral tenancy. To prove such tenancy, a landlord has to prove in court that he had been receiving rent from that tenant.

With the offline method, the applicant can get the encumbrance certificate within 15-30 days, while with the online process, the applicant can get the certificate within 3-5 days.

Transactions in an NRI demat account conducted in foreign currency. NRIs can hold securities in repatriable and non-repatriable forms depending on their investment preferences.

It is not a legal requirement. But it is always good to get legal advice to avoid confusion and errors.

Yes. Both married and unmarried daughters will be considered legal heirs. They will have the same rights as that of a son according to the amendments made in the Hindu Succession Act in the year 2005.

A non-resident is taxable on the salary income in respect of the services rendered in India under a deputation or any other arrangement.

Yes. If the second wife of the deceased is married legally under the provisions of the Hindu Marriage Act, 1955, then she will be considered as the legal heir of the deceased Provided, the deceased first wife is dead, or his first marriage has been dissolved legally by passing an order of divorce. However, It is to be noted that the children from the first wife will also be termed as the deceased’s legal heir along with the wife the second wife’s children.

No, the Agricultural income is not taxable.

Yes, an NRI is liable to pay tax on the rental income earned from a house property situated in India.

Yes, capital gains on investment in shares and securities of India will be taxable in India. For example, if a house is sold and receives a long-term capital gain, the purchaser will deduct TDS at 20%.

Yes, a rent agreement usually includes the landlord’s insurance taken out for the contract.

In the case of patents, it is not mandatory to get them registered. But with registration, they are protected as legal ownership is with the person whose name appears on the patent register.

It may be an excellent thought to register your copyright. Doing so benefits the concerned party to prove ownership and if one has to initiate criminal proceedings against the infringers. In most cases, though, registration of IPRs is not crucial to maintain a copyright infringement claim in India.

Yes, filing an ITR is mandatory for NRIs selling property in India, regardless of TDS deduction.

Yes, it is mandatory to show that the possessor enjoys the possession for a continuous period of 12 years.

Yes, it is now mandatory. Earlier both verbal and written agreements worked.

Yes, it is possible to start the Mutation process once the deed is registered in the Sub Registrar’s office. Then the detailed information about the seller and buyer should be recorded in the revenue records.

While no dispute resolution process is ideal for all situations, mediation is particularly suitable for sensitive conflicts involving family members, inheritance issues, and other situations where preserving relationships is essential. Complex title disputes may be better suited for arbitration.

No, an NRI can’t acquire any agricultural land/ plantation property/farm house in India. However, an NRI can be a holder of any agricultural land/ plantation property/farm house in India through succession or being an existing holder.

A partial OC upholds the ownership right of the buyer, and it is legal for a homebuyer to take possession with a partial OC. It is valid until the builder receives an occupancy certificate.

Yes, the title search report also contains the commercial value of the property that a certified evaluator evaluates.

Yes, it is advisable and often mandatory to register a partition deed, especially for immovable property, to make it legally valid and enforceable.

Mutual fund dividends are subject to TDS at 7.5 per cent for dividends above Rs 5,000.

Yeah. It is possible. The agent can deposit funds, acquire a retirement plan, etc.

Yes. The agent can manage and procure the insurance and other related things.

An arbitration agreement exists independently of the contract made. Any extension, rescission of the contract or modification, unenforceability or invalidity of the contract would not affect the invalidity of the arbitration clause in the contract.

Yes, as per section 32 under the Registration Act, 1908, The presence of seller and buyer or a person claiming to be the owner is required in the Sub-Registrar office; when presenting a deed, Sub-Registrar will verify that they have executed the same.

A gift deed is a legal document that represents a transfer of a gift from one person to another. It is a valid document obtained after registering the transfer of a property to the beneficiary (donee). It is valid only if it is given out of love and affection, without any consideration.

Yes, the title search report also mentions the total area/size of the property in addition to the complete description/address of the property.

Inward remittances to India for NRIs are not limited. However, these transactions are subject to FEMA regulations and may require documentation for large amounts.

No restrictions are there on the number of residential /commercial properties that NRI/PIO can purchase; moreover, no special permission is required from RBI for the same.

Under the Hindu Succession Act, a daughter has the right to ancestral property by birth.

The landlord cannot act arbitrarily. The security deposit cannot exceed two months’ rent.

No, there is no limitation, and an NRI can maintain multiple accounts with different banks.

Rent will be doubled for the first two months, four times for another two months, and six times for the next two months.

Yes, you have the right to appeal to a higher court. But please note that appeals are based on legal errors rather than re-examining the factual evidence.

An NRI can easily open a Joint Account along with Indian close relatives.

Yes, an instrument that requires mandatory registration shall be registered within four months from the execution of the said instrument. However, if the said four months expire, one could avail an additional four months to register the said instrument.

A legally sound family settlement is binding on all the involved parties. NRIs can hire a legal counsel to draft or review the Family Settlement Agreement to ensure legal compliance and to make sure the terms are not disputed in future.

A Family Settlement Agreement is not treated as a transfer or conveyance; rather, it only solidifies and recognises the pre-existing rights of the members. Therefore, there is no tax implication under capital gains when it comes to family settlements.

The Gift Deed is similar to the Sale Deed. However, in a Gift Deed, there is no exchange of money. Registration Act, 1908 ( Section 17) and as per section 123 of the Transfer of Property Act, the property has to be be registered with the sub-registrar.

Mediation involves a neutral third party. The third party facilitates discussions for a voluntary agreement. Arbitration involves an arbitrator making a final decision after hearing both sides.

In such a situation, the property owned by your father shall devolve upon you, your siblings and your mother in equal shares. For this, an appropriate suit can be filed in a court of law if all the legal heirs do not agree for an amicable settlement. If all the legal heirs agree, then the property can be transferred in their names by approaching the concerned authority.

Yes, you can approach the Law Firm handling such issues or property lawyers or real estate attorneys to know the current ownership status of your father’s property.

As it is a joint property, your father can file a suit for partition and get his individual share separated. The suit can also be filed without taking consent from other co-owners. Once the property is partitioned, your father will have his independent share, and his brother will no longer be able to hold possession of the said share.

A person with a sound mind can be a donor and who is competent to enter into any agreement. Minors cannot be a donor.

A minor is not considered capable of entering into a contract. Any person who receives the Gift or transfer made to him is a donee. A minor can be a donee; nonetheless, the Gift would have to be accepted by the guardian of the minor donee on behalf of him or her.

Since you need to have the current ownership status of your father’s property, you can conduct a title search or ownership search over the property to know in whose name the property reflects as per the revenue records.

In such a situation, an appropriate suit seeking partition and declaration can be filed in the court of law claiming your share in the property.

In such a situation, you are well within your rights to claim your 1/3rd share in the property. An appropriate suit can be filed in a court of law.

No, cancellation and revocation of a registered gift deed cannot be done. On the other hand, one can seek legal remedy if the act was executed by coercion or undue influence on either party. However, an unregistered gift deed can be revoked as it holds no validity.

Various grounds include Poorly constructed buildings, non-compliance with the agreed-upon layout, specifications, and structure, failure to provide promised parking space, overcharging compared to the initial agreement, imposing undisclosed hidden charges, lack of proper documentation, etc.

One of the essential to claim adverse possession is that the possessor must occupy the property without any knowledge of the original owner. Hence, the possessor must be a trespasser.

A tenant of an NRI, while paying rent, must deduct TDS at 30%. The income can be received in an Indian account or in an account of another country’s bank account of the NRI in which he is currently staying.

RERA might be a quicker way to resolve issues (within about four months), and it focuses on helping buyers and giving compensation. So, it can be a comparatively better choice.

Since the property possessed by him is in the capacity of a caretaker; as a result, he cannot claim his title over the same. An appropriate suit can be filed against him so that he gives the peaceful vacant possession to your father. Thereafter, the sale can be executed.

Resolving a property dispute through litigation varies on a case’s complexity, court schedules, and if there are any appeals. It can usually be several months to years.

After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, mother etc. Hence, in your case, if there is no son, then the property will be devolved upon the daughters in equal shares.

Maintain the latest documentation of ownership. Ensure proper boundary demarcation, use clear contracts for any property-related agreements, and consider appointing a local representative to monitor the property regularly.

No. It is not. The agent will be liable only if a contract has specified so.

Execution Petition is maintainable when the tenant disobeys the order passed by the Rent Controller. After filing of Execution petition, the same Court issues warrants of possession against the tenant and the Bailiff (official person from Court) accompanies the landlord (or the person authorized by the landlord) for taking possession of the property.

Yes, he is well within the right to file for eviction suit.

There are restrictions on NRIs acquiring agricultural land in India, which vary from state to state. The Act addresses these restrictions.

Assessment orders are assessments of tax returns filed by the companies. The tax department will raise an issue if they find any fault with it.

The different kinds of Intellectual Properties are:
1. Copyright
2. Patents
3. Trademark
4. Industrial Design
5. Trade Secret
6. Geographical Indications

The primary tax advisory services are filing tax returns, tax litigation, tax planning, ensuring tax compliances, handling assessment orders and queries from the tax department.

Intellectual Property Rights (IPR) are legal rights given to the inventor or creator to protect his invention or creation for a certain period.

There is a clear demarcation of responsibilities. All the major maintenance and repair is the landlord’s responsibility.

The checklist for KYC for NRI mutual funds are:

• Cancelled cheque of NRO, NRE, or FCNR bank account.
• Certified Foreign Address Proof – residential permit, latest utility bill, driving license with address, etc.
• Indian address proof – latest utility bill, driving license, Aadhar card, Bank statement, etc.
• Passport – first two and last two pages.

Frequent disputes arise over issues like non-payment of rent, maintenance responsibilities, unauthorized alterations, excessive tenant disturbance, subletting without permission, retention of security deposits, and Denying essential utilities by landlords.

Some common property disputes faced by NRIs in India include illegal occupation by tenants, fraudulent sales or transfers by caretakers, unauthorized sales, title disputes, illegal construction, inheritance and partition disputes within families, and payment issues with rent, electricity, taxes, etc.

Key judicial reforms include mandatory mediation referral for certain property disputes, training programs for mediators/arbitrators, litigant awareness programs, pre-litigation mediation mechanisms involving government agencies, and promoting arbitration through policies focused on infrastructure and timely resolution.

Key tenant duties include:

• Paying rent in full and on time.
• Avoiding property damage.
• Allowing the landlord reasonable entry for inspection and repairs after due notice.
• Inform the landlord before moving out as per the agreement.

A tenant has to undertake minor repairs on his own, as provided in the schedule.

The basic requirements to such a claim are as follows: –

• • • Uninterrupted possession
    • Possession must be continuous.
    • Possession must be enjoyed by the possessor for 12 years (in the case of an individual) and 30 years (in the case of the Government)

FSA is a cost-effective and time-saving method of resolving NRI property disputes while maintaining harmonious family relations.

There are multiple reasons why a builder is denied an Occupancy Certificate. For example, when there are deviations in the approved building layout/plan, such as when a No Objection Certificate (NOC) has not been received from the pollution board or airport authority or when the property builder fails to produce a commencement certificate or has not received it at all.

Subletting the property against the wishes of the landlord becomes a vital ground on the basis of which a landlord can seek eviction of the tenant as well as of the persons in possession of the property.

NRIs must follow the Reserve Bank of India’s (RBI) repatriation guidelines. The funds brought into India and invested through the NRI demat account can be repatriated, subject to certain conditions and regulations.

The Act covers various modes of property transfer, including sale, mortgage, lease and gift.

Encumbrance certificates provided by the sub-registrar’s office provide information regarding property and ownership, mortgages, transfers of ownership, etc.

There are 2 types of partitions, contested and uncontested. In the case of contested partition, the co-owners of the property are not in consensus for partition and wish to contest for the same. On the other hand, in the case of uncontested partition, all the co-owners of the property mutually agree for partition.

Besides PAN card, Copies of Passport and Immigration stamp, business income and the Balance sheet and Profit and loss statement, etc., are the documents needed to assess.

The documents which may be required for repatriation of the fund are: –

• The Application Form requesting for repatriation – It contains details of payee bank account and source of funds.
• A2 form – FEMA declaration
• Form 15 CA and 15 CB (required for NRO a/c)- These forms certify that the customer has paid the requisite taxes.
• PAN Card

• National Treatment- Any foreign national applying for a particular IPR in another country will get the same protection as that country provides to its nationals.
• Minimum Period of Protection- The protection is granted for a minimum period known as the term of the IP.
• Scope of protection- The scope of protection depends upon the kind of intellectual property and international norms.

No conditions – If the Intellectual Property fulfils the essential criteria like novelty, originality, innovation, workability, etc., it gets the protection sought.

If there is no division of assets yet, the right to ancestral property arises at birth, distinct from other forms of inheritance, where the right to inheritance arises at the owner’s death. Thus, the share of every individual generation is determined before birth.

Critical advantages of mediation include – faster and cost-effective resolution, flexibility to shape customized solutions, preservation of relationships, maintenance of confidentiality, and a neutral mediator who objectively facilitates the process without imposing decisions.

FSA is an oral or a written agreement which parties enter into voluntarily for the distribution of a family properties and assets. A written FSA requires registration. FSA does not attract taxation on capital gains as FSA only recognises already existing rights and does not create any new right or title.

• Demand Letter or cease and desist notice
• Filing Injunction Application
• The demand for compensation in court
• Anton Pillar Order in Indian Legal System

The rent agreement should include complete particulars of landlord and tenant, description of the property, amount of rent payable, renewal of agreement clause, the notice period for termination of tenancy, the date on which the rent is payable, account details (if the rent is to be paid in the account of landlord), any other terms and conditions agreed upon between the parties to the agreement.

The accounts which an NRI can open are:

• Non-Resident External Account (NRE Account)
• Foreign Currency Non-Resident Account (FCNR Account)
• Non-Resident Ordinary Account (NRO Account)

There are three modes of Succession under Muslim Law. The first is that duties are to be performed after the demise of an Indian Muslim, such as payment of funeral expenses, payment of wages, debts and execution of Will. Once everything is done, the remaining is distributed among the heirs.
Secondly, the share is distributed between heirs and successors.
The third stage is when there are absolutely no legal heirs of the deceased, and Government inherits the entire property.

The following are some of the necessary documents that are required to be furnished along with the application for Mutation by way of inheritance:

• Death certificate of the deceased person
• Next of kin certificate
• Probate from a competent court in the case of a will
• Affidavit mentioning the applicant’s relationship with the deceased person
• A declaration in affidavit form in which the land/property has been intended to be mutated in the place of the deceased that has not been transferred when the deceased was alive.

The following are some of the necessary documents required to get the “Lal Dora” certificate;
• Application form duly signed by the applicant
• Application form containing the details of Owner of the Property, Details of the property, Khasra No.
• An Affidavit mentioning the details of the property, Name of the Owner of the property/land, Khasra No of the land/property, the purpose of obtaining the Lal Dora Certificate
• Aksh Sizra of the land
• A copy of the Ration Card
• A Copy of Khatoni

The two main features of the new Act are, firstly it is mandatory to have a rent agreement in writing which will be saved on a digital platform and secondly, the dispute resolution is faster.

The legislation safeguards the rights of both parties involved in a mortgage transaction. Mortgage laws are formulated to protect the rights and welfare of the borrower and lender under a mortgage agreement. Legal frameworks provide the rights, responsibilities, and methods of seeking redress to guarantee fairness and enforceability in property purchase agreements.

Lenders possess a range of options to address defaults, such as initiating foreclosure procedures, selling the property, and safeguarding the mortgagor’s right to redeem the property. These measures guarantee the security of creditors and the integrity of contracts.

According to the Property Partition Laws in India, there are two types of properties that can be partitioned:

1. Self-Acquired Property
2. Ancestral property

The grandson cannot claim any right to the self-acquired property of the grandfather. It is all up to the grandfather what he wishes to do with his self-acquired property. No one can raise any objection.

Firstly, the legal heirs of the deceased are required to file an application to concerned department along with the requisite documents like the death certificate of the deceased, identity proofs of the legal heirs etc. Next, if no objection is made by the authority, then the certificate is granted.

NRIs may be liable for capital gains tax if they sell the property later. The tax liability depends on the holding period and the nature of the property (residential or commercial).

The income tax law states, that the gifts received by a person during a financial year is fully exempt, provided the value does not exceed Rs 50,000 in a year. If the value exceeds Rs 50,000 in a year, then the Gift will be taxable as income from other sources.

NRIs should be aware of taxation aspects, including capital gains tax, stamp duty and income tax, which the Property Transfer Act influences.

Mortgages may be categorised into many types, such as simple mortgages, conditional sale mortgages, usufructuary mortgages, English mortgages, equitable mortgages, and anomalous mortgages. Each category establishes distinct entitlements and responsibilities for the individuals or groups participating.

1. Patents
2. Trademarks
3. Copyrights
4. Trade secrets

In case the co-owners are not in consensus for partition and any one of them wishes to go for partition, such co-owner can file for a partition suit to get the property divided into individual shares.

The parties have to abide by the provisions of the LCA 2010, rules of arbitration centre if the Arbitration is an institutional arbitration and also any directions or decisions of the arbitral tribunal and competent court. Carrying out voluntary arbitral awards is encouraged by the arbitral tribunal by the State.

Mutation of property is mandatory for the land buyers. However, in the case of the sale of non-agricultural lands and apartments or flats, the Mutation is considered a legal formality for the buyer. If the buyer fails to do so, then there is a possibility not to relinquish away one’s right to the property.

In case someone wants to purchase property in the Lal Dora area, he or she has to obtain a No Objection Certificate (NOC) from the office of the district Magistrate of the relevant jurisdiction. Apart from that, one must make sure all the payments of the property tax have already been cleared with the municipal corporation. Also, it is important to check the integrity of the property prior to purchase. Further, also ensure to keep a signed copy of the receipt of payment.

A verbal tenancy agreement is an oral agreement between the tenant and the landlord. A verbal agreement decides the basic terms of the tenancy, such as the amount of rent, the duration, etc. Yet, all the rights and responsibilities of the tenant and landlord must be implied under the law due to the absence of any written agreement.

Primarily tenancy agreements are written agreements between the landlord and the tenant. A written agreement specifies the terms and conditions of the tenancy in written form, and it must be duly signed by the landlord and the tenant in the presence of two witnesses. A copy of the tenancy agreement must be given to the tenant, and in cases of a joint tenancy, a copy of the tenancy agreement must be given to each tenant.

NRIs and PIOs typically require two types of documentation – identity proof and address proof. Valid passports and their address proof abroad and a requirement for income proof such as form 60, along with the PAN card. Further, as part of the procedure, a passport-size photograph and evidence of PIO or NRI status are necessary to ensure that an individual is eligible for an NRO account opening in India. These documents will need attestations at the nearest Indian embassy, notary, or an overseas bank branch of an Indian bank in the individual’s country of residence. Also, the mandatory requirement is that the NRI must be having PAN Card in India.

Various documents, such as; Bank request Form, Form A2, Form-15 CA, Form-15 CB, etc., must be submitted for the repatriation of funds.

To open a regular demat account, residents need to provide proof of address, proof of identity, and other KYC (Know Your Customer) documents as per the requirements of the depository participant.

For a properly partitioned property, a copy of all documents related to ownership should be provided, such as deeds, Wills, and other agreements. Also, a property partition lawyer would ask to provide a copy of all expenses and income associated with the property.

An inheritance refers to assets left to family members after a person passes away. An inheritance can include cash, investments like stocks or bonds, and other assets such as jewellery, automobiles, art, antiques, and real estate.

Tenants become liable for eviction if they overstay lease expiry without permission unless the rent agreement is formally renewed with landlord consent.

Once the summons are issued by the court upon the opposite party, it will be served by court on the address of the opposite party provided by the Plaintiff. Plaintiff should ensure to provide the correct address of the defendant so that the summons are duly served upon the Defendant. The Plaintiff may also seek a permission from the Court under Order V Rule 9A (Dasti summons) to effect service of the summons upon the Defendant on its own to further ensure that the Defendant is duly served.

In case the Court and the Plaintiff are unable to effect service of summons upon the Defendant after using all the reasonable diligence, the Plaintiff may apply to the court to seek permission to effect service through the way of a publication as per Order V Rule 17 and Rule 20 of the CPC. The service of summons upon the Defendant is presumed to be effected by way of such publication, and in case Defendant still does not appear in the case after giving him opportunities, the suit is proceeded ex-parte against him.

Upon returning to India permanently, you should inform your bank. Your NRE and FCNR accounts will typically be converted to resident accounts, while NRO accounts can continue as is.

In this case, the homebuyer can file a legal complaint against the builder in the consumer court. A notice can also be issued against the property builder, asking him to hand over the document within a month.

In that event, the Eviction Petition becomes infructuous, and the landlord has to withdraw the same by getting his statement recorded that he has taken over the possession of his property.

An execution petition can be filed in the same Court for claiming the compensation as per the order of the Court.

Any consumer who is aggrieved by order of a commission can prefer an appeal in the higher commission within a specified time period from the date of the order. The appeal can be preferred

• against an order of the District Commission before the State Commission
• against an order of the State Commission before the National Commission
• against an order of the National Commission before the Supreme Court

If the donee is a minor then in such a case, a guardian can accept the Gift on his/her behalf. The guardian serves as the manager of the gifted property. Once the donee is an adult, he or she can either accept or return the Gift.

By virtue of the Amendment of Hindu Succession Act of 2005, daughters have equal rights as a son to inherit her father’s property provided no partition should have been affected before the date 20.12.2004, i.e., the date when this Amendment Act was introduced in the Parliament.

By correct or proper identification, it means identifying the applicable laws which govern dispute resolution & court jurisdiction.

According to the Indian Succession Act of 1925, a “Will” or Will document is a legal declaration of the maker of the Will about his property that they wish to take effect after his death.

The “transfer of property” implies when a living person conveys some property to some other person immediately or at some time in the future.

Copyright denotes the right to copy or reproduce the work in which the Copyright subsists. However, it only protects the expression of an idea; it does not protect the underlying idea or concept.

Family Settlement Agreement (FSA) is a legally binding agreement reached among family members to amicably settle family disputes relating to ownership, division, or management of properties or assets.

A lease agreement is for a longer duration than a rent agreement. It is an agreement or contract between the landlord and the tenant for more than twelve months.

PAN stands for Permanent Account Number. It is a ten-digit unique alphanumeric number which is issued by the Income Tax Department.

A permanent Account Number is issued in the form of a laminated plastic card, commonly known as a PAN card.

A PAN Card enables the department to link all the transactions of the assessee with the department. These transactions include TDS/TCS credits, tax payments, returns of income, specified transactions, correspondence, etc. It also facilitates the easy retrieval of information of an assessee and comparing of various investments, borrowings and also other business activities of the assessee.​

A suit instituted for the purpose of getting the joint property divided into separate portions according to the rights and share of co-owners is referred to as a partition suit.

A patent is conferring a property right by an authority (government) to the inventor for his invention (product or process) for a certain period. A patent is granted by a national patent office, or by a regional patent office that represents a group of countries.

When you get a mortgage, you borrow money from a bank to buy a property. If you are unable to repay the loan, the bank has the right to take the property as payment. This governance is subject to rules and regulations, often including the Transfer of Property Act 1882.

A rental agreement is one of the most important legal documents both parties must sign, i.e., the landlord and the tenant, to regulate the tenancy. It contains details about the parties and the terms and conditions of the tenancy of the property.

ITR stands for the Income Tax Return. It is filed in a prescribed form. The particulars of the incomes earned by any person in a financial year and the taxes paid on such income are communicated to an Income-tax Department by filing an IT return.

ITR allows carrying forward the loss and further claim refunds from the income tax department.​ The Different forms of income returns are prescribed for filing the returns for different Status and Nature of income.

The security deposit is a lump sum given as a security deposit by the tenant to the landlord.

If an individual buys a property and sells it within two years of the purchase, then the profit from the sale is called short-term capital gains. Short term capital gains add up to the taxable income of the individual and attract taxes as per the individual’s applicable Income Tax slab. Short term capital gains are calculated by deducting the cost of purchase from the Full Sale Price of the property as per the provisions.

The Income-tax is levied on a person’s annual income, and the year under the Income-tax Law is the period initiating from 1st April and ending on 31st March of the subsequent calendar year.
The Income-tax Law classifies the year as the following: –

• Previous year: – It is the year in which the income is earned.
• Assessment year: – It is the year in which the income is charged to tax.

A trade secret is sensitive or secret business information that gives a trade or business an edge over a competitor.

Any sign that is capable of distinguishing goods or services (including words, names, letters, numerals, drawings, pictures, shapes, colors, labels, or any combination of these) may be used as a trademark.

An instrument to transfer title rights, interest, ownership and possession in an immovable property from one person to another person is called a transfer deed.

Mediation and arbitration are advisable as the first options for most NRI property disputes rather than jumping into litigation. They provide faster, cost-effective, and mutually agreeable resolutions while restoring conflicted parties’ relationships.

An encumbrance certificate verifies whether a property or land is free of financial or legal obligations, such as liens or pending loans.

It is something that makes a particular product appealing to the eyes. The right protects the appearance only. It includes a shape, color, pattern, configuration, or composition of colors or lines applied to a product.

An occupancy Certificate (OC) is an important document that ensures the supply of basic amenities such as electricity, water and drainage system. The builder cannot give possession to the buyer unless the occupancy certificate is obtained.

Ancestral Property is an individual’s inheritance from his father, grandfather, and great-grandfather. Moreover, the property must have passed undivided up to four generations.

Ancestral property refers to any property inherited for up to four generations.

Under Hindu law, the property inherited up to three generations is known as ancestral property. It is a part of coparcenary property. The property descends from the father, father’s father, and great grandfather.

Arbitration is a private, court-like proceeding in which disputing parties present their cases before an arbitrator who reviews the evidence and then gives a binding decision or award. Key benefits are enforceable outcomes, technical expertise of arbitrators, neutrality, and cost and time savings compared to traditional litigation.

An exempted income is the income which is not charged to tax, and under Income-tax Law, there is a specific exemption from tax to such incomes. The Taxable incomes are those incomes which are chargeable to tax.

Intellectual Property is a creation of intellect (the human mind). The creation or innovation can be any invention which may be scientific or technical, literary or artistic work, graphical representation, design, etc.

The Lal Dora certificate is a piece of evidence that a particular individual is the owner of the specified Lal Dora land or property that comes under the Abadi area of a village. Apart from that, the Lal Dora certificate can be obtained from the sub-divisional magistrate of the relevant jurisdiction.

A self-acquired property is what the father has bought with his own money.

Mediation helps resolve disputes faster and at lower costs while preserving relationships. It is a voluntary and confidential process. Parties reach a mutually acceptable settlement agreement through a neutral third-party mediator.

Mutation of the property refers to the change in the ownership title when a property is transferred or sold, which is recorded in the revenue department.

Property management takes responsibility for day-to-day activities, maintenance, maintaining of properties, security, etc. Property managers work for the property owner. They preserve the value of the property by generating income. The need for a property manager arises when the owner cannot manage all his rental property efficiently. It is in this situation; the role of property managers appears.

Property acquired from one’s source of income is known as self-acquired. The property owner can choose to dispose of it as they want.

A self-acquired property is any property not acquired as part of a joint family or coparcenary relationship, i.e., a property a person receives with their own money and is not inherited.

The Income-tax Law has incorporated a system of deduction of tax at the point of generation of income for the quick and efficient collection of the taxes. This system is known as the “Tax Deducted at Source”, commonly known as the TDS. Under this system of TDS, the tax is deducted at the origin of the income.

The tax is deducted by the payer, and the same is remitted to the Government by the payer on behalf of the payee.

The provisions related to the deduction of tax at source are applicable to the following payments: –

1. Salary
2. Interest,
3. Commission,
4. Brokerage,
5. Professional fees,
6. Royalty,
7. Contract payments, etc.

In respect of the payments to which the TDS provisions apply, the payer has to deduct the tax at source on the payments made by him, and he/she has to deposit the tax deducted by him to the credit of the Government.

The Title Search service provided by NRI Legal Services is conducted based on public records. It is exhaustive research that determines the legal ownership by analyzing the latest certified documents of the concerned property.

Look for a lawyer with specific experience in similar property disputes, consider their track record, ability to communicate effectively and handling complex legal concepts efficiently.

If the investment in mutual funds is held for less than one year, then the capital gains are considered short-term capital gains.

• A short-term tax on capital gains (STCG) applies to equity mutual fund investments that last no more than one year. In this case, the tax rate is 15% of the gains.
• In the case of equity mutual fund investments made for more than one-year, long-term capital gains (LTCG) rules apply. Incremental gains over Rs. 1 lakh in a financial year are taxed at 10%.

A conditional sale mortgage distinguishes itself from other kinds of mortgages by certain conditions that must be met for the transaction to be finalised. In this kind of mortgage, the property is sold to the mortgagee, but with the proviso that the sale will only be finalised if the debt is returned after a specific date. Payment renders the transaction null and invalid, resulting in the property reverting to the mortgagor.

A simple property mortgage is differentiated from others by its primary and uncomplicated nature. In a conventional mortgage arrangement, the borrower undertakes to repay the loan while retaining property ownership. In case the borrower defaults, the lender is empowered to sell the property to recover the outstanding debt.

The inherited property is any property which a person inherits through a Will after the owner’s death or receives as a gift. Ancestral property is inherited by birth. Inherited properties can be obtained from any family member. Regardless, a person should know that inherited properties from his mother, grandmother, uncle, brother, or other family members don’t qualify as ancestral properties. Likewise, properties passed on from the father, grandfather, great-grandfather, and great-great-grandfather only qualify as ancestral properties.

Furthermore, any property a son obtains as a gift from the father or grandfather will not qualify as ancestral property.

The Hindu Succession Act applies to Hindus only, including Jains, Sikhs, and Buddhists. While the Indian Succession Act applies to those not covered under Hindus or Muslims.

According to provisions of income tax laws, an NRI can avoid double taxation by seeking relief under the provisions of Double Taxation Avoidance Agreement (DTAA) between the two countries.
Under the provisions of DTAA, there are two ways to claim relief of tax exemption: Exemption Method and Tax Credit Method. With the application of the exemption method, if NRIs are taxed in a single country, they can be exempted in another. Under the tax credit method, when the income is taxed in both countries, relief of tax can be claimed in the residence country.

Form 22, known as an encumbrance certificate proforma, is commonly used to request a certificate of encumbrance.

With the rise in the prices of lands in the authorized areas and low prices in the Lal Dora areas, there are several redevelopment projects that may come up in future, and the number of such projects is increasing day by day. Thus, there is a possibility of a rise in the capital values of Lal Dora properties.

The TDS certificate is crucial for claiming credit against the final tax liability when filing an ITR.

You can repatriate up to 1 million USD in one financial year from your NRO account.

The completion certificate is issued to the builder/developer when the project has been completed per the approved sanctioned plan.

The occupancy certificate (OC) is granted upon issuance of the completion certificate.

A builder can only give possession of a flat to a buyer once the OC has been granted.

FEMA ensures that there is orderly development and maintenance of the foreign exchange market in India, and external trade and payments are in order as well. FEMA deals with all the provisions relating to the procedures, formalities, dealings, etc., with respect to the foreign exchange transactions in India.

The transactions relating to the foreign exchange have been classified under FEMA in two main categories,

1. Current Account Transaction,
2. Capital Account Transaction.

Partition of the land refers to the division of individual shares in joint property. In other words, through a partition, the joint property is divided into separate portions on the basis of the share of co-owners.

Disputes with blood relations regarding ancestral property inheritance or distribution are the most prevalent property disputes faced by NRIs.

Encumbrance certificates are required when buying or selling property, applying for a home loan, or withdrawing money from PF.

There is a need to bring transparency in the rent laws in India which are considered pro-tenant.

Post the Consumer Protection Act 2019, the claims till 1 crore are heard by the District Consumer Commission. The claims beyond 1 Crore upto 10 crores are heard by the State Consumer Commission, and the claims beyond 10 crores are heard by the National Disputes Redressal Consumer Commission.

The primary difference lies in the residential status of the account holder. A regular Demat account is for residents of India. In contrast, an NRI demat account is specifically designed for Non-Resident Indians, Persons of Indian Origin (PIOs), and Overseas Citizens of India (OCIs) residing abroad.

You can transfer money from your NRI account to a regular Indian account through online banking, NEFT, RTGS, or by issuing a cheque.

The Property Transfer Act, formally known as the Transfer of Property Act 1882, regulates property transfers In India. Its purpose is to define the legal procedures for transferring property rights.

Registration on documents that require mandatory registration, provides legitimacy to rights under such documents, which can be further used as documentary evidence before the Court of law.

Registering a document is for the purpose to give information on particular properties by getting the document executed. The said documents require mandatory registration, which will provide legitimacy to rights and can be further presented as evidence before the Court of law. The courts of law rely heavily on such records for deciding property disputes.

Repatriation of funds refers to transferring funds held by an NRI from his Indian bank account to bank account of country of his current residence.

NRIs often use a POA to appoint a representative for property-related affairs in India. The Act governs the use and limitations of POA in property transactions.

The rent agreement should be either for commercial or residential purposes only. The stamp duty is 1% of the total rent and includes the deposit paid annually.

The TDS rate is 20% for long-term capital gains and 30% for short-term capital gains.

As an NRI, if a person sells a property in India, the real estate buyer deducts 20% of the Tax Deducted at Source (TDS) as Long-Term Capital Gains Tax for properties sold after two years. For properties sold before the two years, the TDS rate is 30%, deducted as Short-Term Capital Gains Tax.

A complaint has to be filed within two years from the date on which the cause of action/deficiency in service arises. However, a complaint may also be filed after the period of two years, if the complainant satisfies the Forum that he/she has sufficient reasons for not filing the complaint within such period.

The typical procedure of the Civil Suit is governed as per the provisions of the Code of Civil Procedure 1908. Briefly stated, the initiation of the civil suit is generally from the Institution of the suit, moving on to Admission of the matter, service of summons, appearance of parties, filing of reply by the opposite party, framing of issues, stage of evidence, arguments and lastly the judgment.

NRIs typically need to use ITR-2 to report income from property sales.

​Under the head “Capital Gains”, any gain or profit arising from the transfer of a capital asset during the year is charged to the Tax.

A mother becomes a legal heir to her deceased son’s property. Hence, if a man leaves behind his mother, wife and children, they will have an equal right on his property.

Evidence can include property deeds, contracts, electronic communications, photographs, witness statements, expert opinions, historical records, and financial documents.

The buyer can approach Consumer Courts or the RERA Authority; both forums have concurrent jurisdiction.

Yes, certain powers cannot be transferred through PoA. It includes Voting, bankruptcy, etc.

When a suit for partition is filed, the court appoints a local commissioner who inspects the property and submits a report. On the basis of this report, if it is ascertained that the property cannot be divided into individual saleable units, the court might order for the sale of the property, and the proceeds from the sale are distributed amongst the owners.

Key tenant rights include occupying the property for the contract duration if rent is paid, quiet enjoyment of premises, demanding timely repairs from the landlord, and receiving interest on the security deposit if it is not refunded after the tenancy ends.

Ancestral property can be partitioned via partition deed or suit for partition in the Court of Law.

After completion of the time period given in the notice, the landlord can approach the Civil Courts and proceed with the filing of the Eviction Suit.

The rent agreement should include the names and addresses of the landlord and tenant, terms of the tenancy, period of tenancy, rent, and security deposit amount, restrictions on both parties, conditions for termination of the agreement, conditions for renewal, and details of who should bear other charges such as maintenance charges, repairs, etc.

In civil disputes court hearings include various stages and broadly it involves initial hearings, interim application stages, arguments, and evidence. It is important to be punctual, dress appropriately, and follow courtroom etiquette while giving evidence/statement before the Court.

NRIs should seek legal advice, conduct property research and ensure that all property transactions comply with the provisions of the Property Transfer Act to safeguard their interests and investments in India.

NRE bank account holds funds for income generated outside India. The balance in the NRE bank account is in the Indian currency denomination. There is no limitation on repatriation from the NRE bank account.

Various types of property can be inherited, including:

1. Ancestral Property: Ancestral Property is the property that is inherited by a person from his father, grandfather, and great-grandfather.
2. Self-Acquired Property: This includes property the deceased person purchased or acquired during their lifetime.

NRIs can repatriate their current income in the current financial year in which the income is earned or in the subsequent financial year.

The grandson’s right to a share in ancestral property accrues by birth itself.

An NRI must file his income tax return like any other Resident Indian in India if the total gross income received in India is more than Rs. 2.5 Lakh for the provided financial year. Further, 31 July is the due date for filing the income tax return for an NRI of the relevant assessment year, or the due date can also be extended by the Government of India.

It comes into effect immediately after the signing of it by the donor itself. It can also take into effect in future times. The period for a power of attorney will depend on the donor. It can be written to last either for a limited period or indefinite.

The ownership of an ancestral property starts right from birth. If a male kid is born within the four-generation lineage, he automatically inherits the ancestral property.

These types of agreements require to be registered if the duration of the tenant’s stay is more than 11 months.

After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, Mother, Son’s Son etc. Hence, after the death of their grandfather, his class-1 legal heirs will be entitled to his estate through natural succession.

Unless otherwise mentioned by any other specific law from the date of infringement of legal rights or interests, Arbitration should be initiated in 2 years.

TDS is deducted when the funds are to be repatriated in that account held in the country of residence of an NRI. However, the TDS deducted can be claimed back while filing Income Tax returns.

The cases for partition of agricultural lands are filed at the office of the Tehsildar under whose jurisdiction the land falls.

For the partition of constructed properties, the cases are required to be filed before the civil court having appropriate territorial jurisdiction.

Before the Commissioner within 30 days from the date of order under Form 35.

Before the Income Tax Appellate Tribunal (ITAT) within 60 days from the date of order under Form 36.

The “Lal Dora” certificate can be obtained from the office of the Sub-Divisional Magistrate in the relevant jurisdiction where the Lal Dora or Lal Lakir property is located.

NRIs are not allowed to file property dispute cases other than in the property’s location.

The rent agreement is to be submitted to Rent Authority headed by Deputy Collector.

If your tax liability exceeds INR 10,000 in a financial year, you are required to pay advance tax.

Intellectual Property Rights need protection not only in domestic markets but also internationally. Therefore, one must file a separate application in all the nations to protect IPR.

Indirect taxes – GST, VAT. Direct taxes – corporate tax, individual personal tax, TDS.

While a title search is done on the property, you can always request to include the photographs of the property in order to have the current condition of the property.

The appellate authorities are the Board of Revenue, Settlement officer, and Deputy Commissioner.

Witnesses can be anybody (sound mind and adult), but they must not be in blood relation to the beneficiaries.

Any person residing outside India can open an NRO Account for putting through bonafide transactions in rupees.

The following types can purchase immovable property in India:
Non-Resident Indian (NRI)
Person of Indian Origin (PIO)
However, the law is limited to only the purchase of a residential and commercial property.

Generally, the spouse, parents and children of the deceased’s person will be considered as the immediate legal heirs. However, if the deceased does not have any of the aforesaid legal heirs, then his or her grandchildren will be the legal heirs. In case, the deceased does not have grandchildren either, then the brothers or sisters of the deceased will be the legal heirs.

The heir/s include persons legally entitled to inherit property from their ancestors.

A builder/developer is responsible for applying for Occupancy Certificate with the Municipal Corporation or development authority of the city/region in which the property is situated. The certificate is awarded after the inspection authority is satisfied that the project has been constructed under the approved building plan and mandatory norms.

However, in some cases, builders can avail of partial OC and offer possession. For instance, in mixed-use development projects, a builder can obtain a partial OC for a partly completed residential project and hand possession to the flat owners. In contrast, OC for shops or retail units in the under-construction stage can be availed later.

Income tax is to be paid by every person. The term ‘person’ as defined under the section2 (3) of the Income-tax Act and covers the natural as well as the artificial persons under its ambit.

For the purposes of charging the Income-tax, the term ‘person’ includes the following: –

1. Individual
2. Hindu Undivided Families [HUFs]
3. Association of Persons [AOPs]
4. Body of individuals [BOIs]
5. Firms
6. LLPs, Companies
7. Local authority and
8. Any artificial juridical persons are not covered under any of the above.

Therefore, by the definition of the term ‘person’, it can be observed that apart from a natural person, i.e., an individual, any type of artificial entity will also be liable to pay the Income-tax.

A completion certificate or CC is issued through the local authority after the inspection of the premises. The authority provides the CC if the developer complies with all regulations, norms and safety guidelines.

A Succession Certificate is required when someone wants to inherit the property or assets after the death of an immediate family member under the provisions of the Hindu Succession Act or Indian Succession Act.

Once the property is registered in the recipient’s name (donee), he is responsible for paying the remaining dues. To exemplify, a father executed a Gift Deed in respect of a house favouring his son, and his father had to pay Rs 20,000 as utility bills. Now, the son will be liable to clear the remaining dues.

The rental agreement is prepared by a real estate agent hired by the landlord and the tenant. To legalize the rental agreement, both parties must sign the contract in front of two witnesses who are non-beneficiaries of the property.

Court cases for NRI property disputes can be lengthy, expensive, and emotionally draining, and they may permanently damage relationships between family members. After years of litigation, there is no certainty of favourable outcomes. Outcomes are also imposed rather than mutually agreed upon.

The tax structure is challenging to understand, and the tax laws must be complied with, therefore, such services.

Filing a complaint helps protect your rights as a property buyer. It is a mode to address issues like faults in construction, charging hidden fees, not delivering what was promised and getting redressal.

When a person attains the status of an NRI, he has to change his bank accounts in India from regular accounts to NRE/NRO accounts. These accounts are also helpful in securing many benefits for an NRI, for example, benefits in the repatriation of funds, exemption from tax etc. Having these accounts are mandatory for an NRI, so if an NRI wants to save his earnings from abroad, he needs to have an NRE account, and if he wants to keep his income generated in India, he needs to have an NRO account.

A title search ensures no uncertainty exists regarding ownership of the property, as lack of physical presence in the country can be a reason for the failure to have complete knowledge of the properties situated in India.

To avoid registration of the rent agreement to save money because Registration Act 1908 makes it compulsory for a rent agreement to be registered if the property rental period is more than 11 months.

NRIs choose to resolve property disputes with families through family settlements, as these agreements aim to avoid lengthy and adversarial legal battles while maintaining harmonious family relations.

Mutation of property in the name of the owner acts as proof of legal ownership of the property. This document is also beneficial while applying for water and power services.

No, with the assistance of our team, you can file the suit without travelling to India. This can be done by appointing a Power of Attorney holder. Through this, the case can also be supervised and managed by a team.

There is no requirement for NRIs to travel to India to initiate the process of a title search. NRIs can do a Title search even in their absence. A detailed and comprehensive report is also shared with them at their residence, making the entire process easy and convenient for them.

After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, mother etc. Hence, the property will devolve upon son, daughter, wife and mother of the intestate being class-1 legal heirs. Further, the father falls in the category of class-2 heirs.

The title search or property search report includes the name(s) of the property’s current owner(s) and consists of the previous owners of the property.

As the title search process is exhaustive, the team of specialists at NRI Legal Services visits the property to ascertain its on-ground status.

Yes, the same can be done by following proper procedures. An NRI has to send duly filled and signed Bank documents. Please note the Indian Consulate should duly attest every document.