Managing Property in India now hassle free - We are your Legal guard
We offer a broad range of services focused on the search, TCRs, valuation(s), Review of legal documents and public records for all types of your estate—whether agricultural, residential, or commercial.
NRIs and the Indian diaspora often face numerous obstacles when trying to verify property ownership in India. These issues arise due to a lack of direct access or familiarity with their property details, compounded by the fact that many records are maintained in outdated, manual systems without easy online access. Our services are tailored to help NRIs navigate these challenges, providing essential clarity and support for managing their real estate matters in India.
How Indian Property law works for NRIs
A significant challenge encountered by Overseas Indians is the transfer of property or immovable real estate assets within India. Property transfer is a critical legal mechanism through which ownership rights are transferred from one individual to another. This process is particularly crucial for NRIs who may need to actively manage, develop, mortgage, or dispose of their real estate assets from a distance, often acquired through inheritance. It is imperative for NRIs to secure and update ownership records to safeguard their interests. In India, the process of property transfer is not automatic and typically involves a protracted legal procedure requiring the submission of requisite documentation, completion of verification processes, and compliance with all necessary legal formalities. These procedures are further complicated by the variance in requirements across different states.
We offers end-to-end assistance in executing property transfers across India. With over two decades of experience, extensive knowledge of the legal intricacies involved, and a robust network of seasoned lawyers and revenue specialists across the country, we provide a turnkey service that ensures property transfers are conducted in full compliance with the prevailing laws and statutes in any state of India.
You Should know about your Property Rights
An NRI can inherit property in India from the following sources:
An Indian Resident: An NRI can inherit immovable property from any Indian resident. Another NRI, OCI, or Foreign Citizen: If the individual from whom the NRI inherits the property is also a non-resident (NRI, OCI, or foreign citizen), the inheritance is permissible, provided the property was acquired under the relevant foreign exchange laws applicable at the time of acquisition.
Inheritance Under Intestate Succession:
If the inheritance occurs through intestate succession (i.e., without a valid Will), the property is distributed according to the applicable laws. For instance, under the Hindu Succession Act, 1956, the property of a male Hindu who dies intestate devolves as follows:
1. Class I Heirs: Spouse, sons, daughters, mother, etc., have the first claim.
2. Class II Heirs: If there are no Class I heirs, the property devolves upon Class II heirs, such as the father, brothers, sisters, etc.
3. Other Heirs: If there are no Class I or II heirs, the property is inherited by the closest male relatives related by blood or adoption. If no such relatives exist, the property may pass to relatives related through the female line, such as cousins from the mother’s side.
How Property of Sale works for NRIs
Unlike the restrictions on property purchases by NRIs, there are no limitations on the types of property an NRI can inherit. Subject to the Foreign Exchange Management Act (FEMA) regulations, NRIs can inherit any number of immovable properties, including commercial, residential, agricultural, and farmhouses.
Sale of Inherited Property:
An NRI can sell inherited property to:
1Indian Resident: Any type of immovable property, including agricultural land, can be sold to an Indian resident. NRI or OCI: Any immovable property, except agricultural land, farmhouse, or plantation property, can be sold to another NRI or OCI.
Tax Implications for NRIs:
There is no inheritance tax in India. However, any income derived from the inherited property, such as rental income, is subject to tax. Additionally, capital gains tax is applicable upon the sale of inherited property. The tax rate depends on whether the property is classified as a long-term or short-term capital asset, determined by the holding period of the property.
We offers a service where you can get your entire title and valuation report of your ownership of your property including legal certified copies from government records.
We provide all types of expert advocates from Trail Court, High Court and Supreme Court. We understands your needs and accordingly presents you in Indian court room
We are a team of experts in property law where you can opt according to you requirements. We also offers free consultation and single opine for your property related disputes.
To formalize the ownership of inherited property, an NRI must register the property with the relevant sub-registrar of assurances. You may drop your document at office and we got you for you.
Honesty and transparency are keys of Indian law service (ILS). We assure time bound results and transparent service in property matters. We valued your trust.