Can an Indian citizen with a green card buy agricultural land in India?

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.

Can an NRI gift a property? What are the charges levied on gifted property?

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

Can an NRI use a Will to bequeath property in India to another person- another NRI or a resident Indian?

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.

How does one verify that Indian property is legally compliant in all respects?

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

Where is the jurisdiction of any dispute related to property investment in India?

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

Can I inherit my father's self-acquired property being a daughter?

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.

Can the daughter claim the father's property after marriage?

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.

Is there any age when a daughter is eligible to seek right in an ancestral property?

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

What is ancestral property?

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.

What is meant by self-acquired property?

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

What kind of right does a mother has on her son's property?

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.

What should be done if one needs their independent share in ancestral property?

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

When can one inherit a grandfather's property in India?

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

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

How can one protect the IPRs?

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

How does registration help in the protection of IPRs?

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

Is it compulsory to register Patents of IPRs?

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.

Is it compulsory to register the copyright of IPRs?

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.

What are the fundamental principles of protection for IPRs?

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.

What are the Legal Remedies to protect the IPRs if there is infringement?

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

What are the various types of intellectual property protection?

Patents Trademarks Copyrights Trade secrets

Whether IPRs are protected in the country of origin only or not?

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.

Is an NRI will be subject to capital gains tax if I sell a flat that I own 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%.

Should taxes be deducted when payments are being made to NRIs?

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.

What is the Double Taxation Avoidance Agreements (DTAA) role here?

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.

When does an NRI file his income tax return in India?

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.

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