Various NRI Legal Services in India
Khushboo Priya | Updated: May 10, 2019 | Category: Legal advice for NRI
The demand for NRI legal services in India is continually increasing with the ever-growing settlement of NRIs (Non-Residential Indians) in India. There are several issues that NRIs face in India. Legal matters such as property disputes, transfer of property, the partition of property, etc. are one of the prime concerns for Non-Resident Indians. Therefore, they require the best NRI legal services to get the best NRI legal advice.
In this write-up, we will acquaint you with extensive knowledge on NRI legal services, legal advice for NRI, and more. Just continue with us until the end and grasp the most significant aspects of this blog.
What are NRI Legal Services?
NRI legal services are the services provided by the lawyers having expertise in NRI affairs to the Non-Residential Indians in need. Earlier, such services were not in much practice. However, over time, legal services for NRI has emerged as a discrete law practice area in the nation.
NRIs who deal with legal issues in India search for their specific problem in a different way; such as for property related matter, they search for Property Lawyer, on matters related to crime, they search for Criminal Lawyer; however on issues related to divorce, etc. people search for Civil Lawyers in a particular area.
Apart from this, people also search for lawyers in practice in NRI legal services in a specific field and a particular city or town. Therefore, if you are an NRI and facing any such issue, then you can contact one of the best legal service providers in the market Swarit advisors for the best legal advice for NRI in India.
What are the NRI Legal Services provided to the NRIs?
The complexity for NRIs in India is growing every day because of several reasons. In such circumstances, the need for NRI legal services is also increasing. Therefore, there are certain NRI legal service providers in India which provides numerous services such as described below:
- Transfer of Property
- Partition of Property
- Succession of Property
- Developer Claims
- Property Search
- Property or Tax Matter
- Disputes pertaining to the illegal sale, occupation, and transfer.
Transfer of Property
Transfer of property is one of the most daunting issues in India which mandatorily requires an expert’s advice. For transferring property in India, it’s quite obligatory to follow the transfer procedure properly. Nobody can transfer the property unless the asset is legally and properly registered in his/her name. In the case, somebody transfers the property regardless of the aforesaid conditions, then the person could have to bear the risk of benami ownership.
What are the requirements for the transfer of property?
- The very first requirement for the transfer is that the property must have the legal registrations in the name of the real owner of the property.
- There must be the proper documentation along with the verification checks of the transfer proceedings. One is supposed to submit all the required documents to the registry as well as the appropriate land revenue department.
- The legal title should be clearly defined in order to sell, buy, build or mortgage in the assets of real estates.
- Transfer of property is possible in several ways such as in case of absence of a will, legal heirs will inherit the property, in the form of inheritance through a will or natural succession law under Succession Laws in India.
Partition of Property
If you own a co-owned property, it will create legal issues. Hence, in the case of partition of property, the need for legal advice arises because of co-owned property. Under such a condition, you are advised to file a suit with an expert’s legal advice.
- In order to gain effective control of ownership, the partition of joint land is quite mandatory.
- In this process, the property is divided into separate parts in which every share gets divided and receives legal entitlement.
- Once the partition is done, every portion achieves a new title of ownership which could be either ancestral land, commercial establishment or a house. The remaining portions could be co-inherited by other co-owners or your siblings.
Types of Partition of Property
There are two types of partitions: Contested and Uncontested. Contested partition is the one where the need for filing legal suit in the court arises as all the parties don’t agree. However, the uncontested partition is the one where all the co-owners agree mutually to a solution involving the execution of deed on a stamp paper.
Succession of Property
For the succession of property, you are first required to file for succession certificate in the court. Succession certificate is essential for everybody who wishes to inherit any movable or immovable property under several relevant laws.
Experts’ advice for ownership/succession of property by NRIs
- The foremost step for inheriting the assets of the dead and getting them transferred in his name is to obtain a Succession Certificate from the same court in the jurisdiction of whose the deceased resided.
- The issued certificate creates the authenticity of the petitioner and grants him permission to get the assets transferred to his name. Besides, the beneficiary also gets the full liability and responsibility of honouring any security or debt attached to that specific property.
- For every application filed by the recipient to the court, the documents are issued on the basis of applicable laws of inheritance, irrespective of whatever is the case.
The irony is that even after being on the top of the preference list of investment, there have been everyday compliant regarding the property possession dispute with developers and this is one of the most common problems in India.
Therefore, during selling and buying of the property through real estate agents, it’s pretty imperative to scrutinize the documents properly.
Things to consider while investing in property through developers
- Before investing in the project, the investor must undergo proper due diligence.
- Inspect the complete background of the developer and monitor the previous projects’ record handled by the developer.
- Examine the title and land for which the developer has been issued all the permissions.
- The agreement needs to be verified by the expert which is to be executed among the developer and buyer before it is signed.
- Clearly define the frozen and fixed cost to be paid by the buyer from beginning to end with clauses to increase.
Likewise, there are many other things that need to be considered while investing.
Property search is one of the most common issues that NRI faces and need advice on. Whether NRIs want to purchase or inherit the property, they need the help of property management lawyers who can provide them with expedient solutions.
Generally, getting ownership records is an extremely daunting process. Either the registered documents aren’t recorded properly or are lost.
Therefore, to resolve all such issues, you being an NRI will require the help of legal experts.
Challenges faced by NRIs during the property search
- For commercial, urban, and residential details aren’t available online. Therefore, one would have to apply for obtaining those details manually.
- Even if you manage to find the records online, the documentation is not complete and sufficient where you can find the exact share or valuation.
- Furthermore, understanding the language of the documents is quite difficult and translating them into English is another daunting task.
- There could be the case of illegal transfer or exchange or an invalid sale. In such cases, you need to apply for the older record to find out when such frauds took place. For the same, you will require a legal expert’s help.
- Another big challenge for NRIs in India is to find the exact address. The one given in the older records doesn’t match with the one that clients have.
Likewise, there are many other problems that NRI faces while property search in India.
Why you should opt for NRI Legal Services through Swarit Advisors?
Swarit Advisors has handled several NRI clients and provided them with feasible solutions to deal with property related matters and several other legal issues. Their success stories are alone apparent to describe how we take care of any legal issues that come to us. We have both in-house as well as lawyers in practice so that our clients don’t need to go anywhere else in the mid of the process. Our experts are well-versed in the legal matters related to property, civil, criminal, etc. Hence, at Swarit Advisors, we ensure you the best NRI legal Services in Delhi and in India.
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