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POPULAR NRI LEGAL SERVICES
Delay in Possession
Transfer of Property
Will, Power of Attorney
DELAY IN PROPERTY POSSESSION
Real estate projects have been in a bad shape in India. A recent report by propequity stated that over 1,700 residential projects are delayed by more than 5 years across India. A lot of investors, especially NRIs who’ve invested in such projects have lost their capital and have no means to take legal action against real estate developers.
The seriousness of the situation is evident from the new Real Estate Bill, which came into effect on May 1st 2016, which has tightened the screws on real estate developers and enabled owners to take legal action. Recently, there have been numerous consumer court orders in favor of owners. However, a lot of NRIs are unable to take legal action because of travel issues and unreliable support in India.
MyAdvo has helped various domestics owners & NRIs to take collective legal action against marquee real estate developers. The info-graphic below shows how we engage with clients.
If you are facing a similar property issue, get in touch with us: https://myadvo.typeform.com/to/jqKGoM and get the latest unbiased appraisal on your project/ developer from our case manager.
PROPERTY PARTITION ISSUES
Due to social structures and sensitivities, most parents avoid executing a Will in India. Because of this, post parent’s demise, a lot of siblings have to take the legal recourse to divide the property. The situation becomes tougher for NRIs, especially if the property possession is with their siblings or relatives.
The best course of action is to file a partition suit, and an interim application of injunction restraining anybody to sell the property until partition is done by the court. Physical presence can also be avoided if you provide a Power of Attorney to a friend, relative, however finding reliable people who will follow-up on your case is a huge challenge. MyAdvo helps you find trusted, verified lawyers with experience in similar matters, across India, who can file and fight your case without you having to travel all the way to India to protect your rights. Additionally, MyAdvo follows up with the lawyer on your behalf and provides you constant updates, so that you can focus on your daily lives without worrying about the case.
Request a call back to discuss your situation with a case manager.
TRANSFER OF PROPERTY
Transfer of ancestral property to your name can be a tedious and long drawn process. Many a times, NRIs are not well informed about the laws related to inheritance & gift deeds. A simple example is as per RBI guidelines – an agricultural land cannot betransferred to an NRI via a gift deed, but only through inheritance. Many such intricacies are missed by NRIs because of which they are duped by their own family members, close associates or via illegal encroachment, sale and possession by third parties.
A registered will, a succession certificate obtained from court in the absence of a registered will, encumbrance certificate and Khata are some of the documents required for the transfer process. The application too has to be moved in front of the local authorities, and various local authorities have different procedures. Because of the complicated processes, most NRIs end-up executing a Power of Attorney in the name of a relative, friend or trusted person to conduct the mutation process – which is risky & unreliable.
Therefore, having a reliable, experienced professional in India becomes essential to take care of such matters and ensure peace of mind. MyAdvo helps you connect to lawyers experienced in property mutation matters for NRIs and also provide active support throughout the process, so that you can handle the matter remotely, with a peace of mind.
NRI DIVORCE MATTERS
Handling divorce proceedings for NRIs can be highly stressful. Even if a Divorce decree is granted by a foreign court, it can be unrecognized in the Indian Courts on the ground that the foreign court had no jurisdiction over the matter. If a marriage is recognized in one country but annulled in the other, the person can be tried for Bigamy in India. Supreme Court in various decisions has noted that a court would have competent jurisdiction if it recognizes the Act or law under which the parties are married. However, If any foreign judgment is opposed to natural justice, founded on breach of Indian law or obtained by fraud; it would not be recognized in India.
The seriousness of the issue is highlighted by the fact that The National Commission For Woman, India has setup an NRI cell to deal with NRI marriage issues. Various case judgements & case laws related to NRI divorces are also available on the NCW website, which show that NRI divorces can be a complicated matter, both financially and emotionally. The challenge of finding the ‘right’ legal representation to take care of the legal proceedings adds to the problem, especially given divorces are personal matters and it is difficult to rely on close family & friends to find divorce lawyers back in India. MyAdvo as part of its legal services for NRIs, helps you get legal consultations from lawyers with past experience in handling NRI divorce issues and provide active case support, so that you can handle the proceedings effectively, reducing the financial and emotional costs involved. Request Call from a case manager to
discuss your case.
WILL, POWER OF ATTORNEY
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