NRI legal matters carry a distinct procedural complexity — property purchases under FEMA, inheritance and succession across multi-jurisdiction asset bases, power-of-attorney execution from foreign jurisdictions, repatriation under the Liberalised Remittance Scheme, and dispute representation in Indian forums while the principal resides abroad. Novation Legal advises NRIs based in the US, UK, EU, GCC, Singapore and Australia on the full spectrum of Indian legal needs, with calibrated communication for time-zone and document-attestation challenges.
Under the Foreign Exchange Management (Non-Debt Instruments) Rules 2019, NRIs and OCIs may freely acquire residential and commercial immovable property in India under the general permission route. Agricultural land, plantation property and farmhouses cannot be acquired by NRIs/OCIs except by inheritance — not by purchase or gift. Payments must be made through banking channels (NRE, NRO or FCNR accounts) and proper Form 49B reporting where applicable.
An NRI estate frequently comprises Indian immovable property, Indian financial assets, foreign immovable property and foreign financial assets — each governed by distinct succession regimes. We draft cross-border wills coordinated for parallel execution, secure probate before the High Court (Letters of Administration where there is no will), obtain Succession Certificates for movable assets, and resolve inter-family inheritance disputes through partition suits, probate caveats and family settlement agreements.
An NRI must execute Special Power of Attorney for property transactions, banking, court proceedings and most regulatory filings. The SPA must be (i) executed before a Notary Public in the country of residence, (ii) apostilled (if Hague Convention country) or consular-attested at the Indian Embassy/Consulate, (iii) sent to India and registered before the Sub-Registrar of Assurances under the Registration Act. We draft jurisdiction-specific SPAs and coordinate the attestation chain end-to-end.
Repatriation of Indian-source income and asset proceeds abroad is governed by the FEMA framework. NRIs may repatriate up to USD 1 million per financial year from NRO accounts, subject to Form 15CA/15CB compliance and tax clearance. NRE account proceeds are freely repatriable. Sale proceeds of inherited property require additional documentation. We advise on optimal repatriation pathways, RBI approvals where required, and tax treaty optimisation.
NRI property left unmanaged is a frequent target — tenant defaults, encroachment, sub-tenant claims, family disputes over occupancy and inheritance contests. We act through Power of Attorney to file ejectment suits, partition suits, criminal trespass complaints, RERA complaints (where applicable) and execution proceedings. Detailed quarterly reporting keeps the NRI principal informed without requiring travel to India.
NRI taxation hinges on residential status under Section 6 Income Tax Act — typically non-resident if abroad for 182+ days. Property sale by NRIs attracts TDS at 20% LTCG (Section 195) — significantly higher than the 1% TDS for residents. DTAA optimisation, Form 13 Lower Deduction Certificate applications, and capital gains exemption under Sections 54, 54EC and 54F are all available. We coordinate with chartered accountants to structure optimal tax outcomes.
Across hundreds of NRI matters we have seen patterns — siblings encroaching on inherited property, caretakers asserting tenancy claims, builders defaulting where the NRI cannot easily attend hearings, fraudulent SPAs executed in the principal's absence, and tax notices served at outdated Indian addresses. We provide structured NRI legal-care frameworks — annual property inspection, biennial title verification, registered SPA renewal, RERA monitoring and standing instructions for any regulatory communication.
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