Acquisition and transfer of immovable property by NRI or OCI: A Complete guide for NRIs/OCIs
The Foreign Exchange Management Act, 1999 (FEMA), (Non-Debt Instruments) Rules 2019, prescribes specific conditions regarding the purchase, gift, inheritance and transfer of immovable property in India by persons resident outside India. The most important point for NRIs and OCIs is that the rules are different depending upon how the property is acquired or transferred. There […]
Can a bank auction agriculture land for recovery of loan: A complete guide for NRIs
A common belief is that agricultural land can never be auctioned for recovery of a loan. However, the legal position is different. Certain laws provide specific protection to agricultural land, while other laws may permit recovery in particular circumstances. The result depends on the type of loan, the lender, the security created over the property, […]
Married in India but facing Domestic Violence Abroad: Understanding your Legal Options across borders
Domestic violence cases involving NRIs, OCIs and Indian citizens abroad often require a careful balance between the laws of the country where the abuse is taking place and the Indian laws, especially when there is a strong connection such as marriage in India, Indian residency, property or children. India’s Protection of Women from Domestic Violence […]
Nishandehi: The Essential Guide for NRIs to Land Demarcation in India
Nishandehi, a vital revenue process in India used to formally demarcate and mark the exact physical boundaries of a land parcel. It is a vital revenue procedure that helps identify exact land boundaries, resolve disputes, detect encroachments, and protect property rights. For Non-Resident Indians (NRIs), who are often unable to monitor their properties in India personally, […]
RERA vs Consumer Forum: Which One Should NRIs Choose for a Property Dispute in India?
For Non-Resident Indians (NRIs), buying a house, apartment, or other real estate in India is often a significant financial investment. However, problems can arise when a builder delays possession, fails to provide promised amenities, changes the specifications, demands unjustified charges, refuses a refund or otherwise fails to fulfil contractual and statutory obligations. At that stage, […]
Right of a woman to reside in her In-Laws home after filing a domestic violence case
For a woman, facing domestic violence can be particularly challenging, especially when questions arise about her right to continue living in the matrimonial or shared household in India. Domestic violence is not limited to physical abuse, it may also include emotional abuse as well as acts that threaten or restrict a woman’s access to […]
Execution of Foreign Judgments in India
Indian law does not permit the direct application of foreign judgment merely because it has been validly passed by a foreign court. Before an enforcement proceeding can commence, the judgment must satisfy the legal requirements prescribed under the Code of Civil Procedure, 1908 (CPC). The procedure for initiating proceedings depends upon several factors, including the […]
Consumer Rights of NRIs in India
For many Non-Resident Indians (NRIs), India remains closely connected to their financial and personal lives. NRIs purchase homes and plots in India, maintain bank accounts, purchase insurance policies, book flights and hotels, use healthcare and professional services, and increasingly make purchases through Indian online platforms. However, when a company, builder, bank, insurer, hospital, travel company, […]
A guide for NRIs on checking the status of FIR in India
A First Information Report (FIR) is the first official document prepared by the police when information regarding the commission of a cognizable offence is received. It is registered under section 173 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), which was replaced by the Code of Criminal Procedure (CrPC) section 154. An FIR records […]
SARFAESI Act and Debt Recovery Guide for NRIs
When a borrower fails to repay a secured loan, banks require an effective legal mechanism to recover their dues without prolonged court proceedings. This is where the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 plays a crucial role. The SARFAESI Act is particularly significant for NRIs and their families […]