How long do property disputes take?

Property disputes in India can be time-consuming, often taking several years to resolve due to the complexity of the legal processes. The duration of these disputes largely depends on various factors including the nature of the dispute, the legal strategies employed and the efficiency of the judicial system. Generally, a property dispute can take anywhere... View answer

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What is the limitation of property dispute?

In India, the limitation period for property disputes is governed by the Limitation Act, 1963. Specifically, for suits related to immovable property, Article 65 of Schedule I of the Limitation Act prescribes a limitation period of 12 years. This period is counted from the point at which the possession of the property becomes adverse to... View answer

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How to win a property case?

Winning a property case in India requires a comprehensive legal strategy and the expertise of a seasoned property litigation lawyer in India. At A Agarwalla & Co., we specialize in property disputes and follow a meticulous approach to ensure our client’s success. Here are the essential steps: Consult a Property Litigation Lawyer in India: Engage... View answer

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What steps can a person take in case of a property dispute?

A person shall follow the following steps in case of a property dispute: Collect all relevant documents pertaining to the property, including contracts, deeds, leases, correspondence and any other relevant paperwork. Attempt to resolve the dispute amicably through negotiation or mediation. This may involve discussions between the parties directly or with the assistance of legal... View answer

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How to sell disputed property in India?

Selling disputed property in India, especially for NRIs. is a complex process that requires careful legal navigation. Here’s a guide on the NRI property selling process: Resolve Disputes: Before attempting to sell, it’s crucial to resolve any existing disputes. Engage with an attorney to negotiate or litigate the dispute to clear the title. Alternative Dispute... View answer

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How to resolve land disputes?

Resolving land disputes, particularly those involving Property disputes for NRI, requires a strategic approach grounded in legal principles. Here are the key steps to address these disputes: Title Verification: The first step is to verify the land title. Obtain certified copies of the title deed from the local revenue office. This will establish the rightful... View answer

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What steps can a person take in case of a property dispute?

In the event of a property dispute of NRI in India, an individual can take several steps to address the issue and seek a resolution: Documentation Gathering: The first step is to gather all relevant documents related to the property, including sale deeds, title documents, land records, and any agreements or contracts pertaining to ownership... View answer

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How to resolve a property dispute in India?

Resolving a property dispute for NRI in India typically involves several steps and considerations.  Firstly, parties should attempt negotiation and mediation to reach a mutually agreeable solution. This involves open communication and a willingness to compromise. Mediation, facilitated by a neutral third party, can often help parties find common ground. If negotiation and mediation fail,... View answer

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Which is the best NRI or NRE for property purchase in India?

Deciding between an NRI (Non-Resident Indian) and NRE (Non-Resident External) account for property purchase in India depends on various factors, including your specific financial situation and preferences. Here’s a brief comparison: NRI Account: NRE Account: When it comes to NRI property purchases, an NRE account may offer more flexibility due to its ease of repatriation.... View answer

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Which is best, NRE or NRO for property purchase in India?

For NRI property purchases in India, both NRE and NRO accounts have their distinct advantages, but the best choice depends on your specific needs. Key Features of NRE Account Key Features of NRO Account You can deposit and manage income earned in India directly through this account. Which is Best? For purchasing property in India,... View answer

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How to avoid TDS on sale of property by NRI?

During the NRI property selling process in India, the transaction is subject to Tax Deducted at Source (TDS). However, there are certain steps that can be taken to minimize or avoid TDS legally: Obtain a Lower/Nil TDS Certificate from the Income Tax Department: Utilize Exemptions Under Sections 54 and 54EC Comply with Double Taxation Avoidance... View answer

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What is the disadvantage of a NRO account?

A Non-Resident Ordinary (NRO) account has several disadvantages that might make it less appealing compared to other types of non-resident accounts like the Non-Resident External (NRE) account. Here are the primary drawbacks: Taxation: Interest earned on an NRO account is fully taxable in India. The tax is deducted at source (TDS) at rates that can... View answer

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What is the penalty for not declaring NRI status?

Under the FEMA regulations for NRI, there is no specific penalty for failing to declare your NRI (Non-Resident Indian) status. However, significant financial and legal consequences arise if you do not update your resident savings account upon becoming an NRI. When you achieve NRI status, it is mandatory to either close your resident savings account... View answer

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Is OCI mandatory for buying property in India?

Overseas Citizen of India (OCI) status is not mandatory for purchasing property in India. The regulations governing property ownership by non-resident Indians (NRIs), persons of Indian origin (PIOs), and foreign nationals are primarily set forth by the RBI and the FEMA regulations for NRI. NRIs are permitted to acquire both residential and commercial properties in... View answer

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What is acceptable residence proof for NRI?

Acceptable residence proof for non-resident Indians (NRIs) is important for various administrative, financial and legal purposes. While the specific documents required may vary depending on the authority requesting them, NRIs typically have several options available to establish their residential address. A valid passport is one of the primary documents that NRIs can use as proof... View answer

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Can NRI buy property in India without POA?

Non-resident Indians (NRIs) have the legal right to buy property in India, and in many cases, they can do so without a Power of Attorney (POA). However, the necessity of a POA often depends on the specific circumstances surrounding the property transaction. While it’s entirely possible to purchase property in India without a power of... View answer

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Is TAN mandatory for buying property from NRI?

In India, the requirement to deduct tax at source (TDS) applies when making payments to non-residents,  including NRI property purchases. As per Section 195 of the Income Tax Act, if a person is purchasing property from a non-resident, they are indeed obligated to deduct tax at the rates in force. However, the necessity of obtaining... View answer

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What are the consequences of non-compliance with FEMA regulations for NRIs dealing in Indian property?

Non-compliance with FEMA regulations can have serious repercussions for NRIs involved in Indian property transactions, leading to legal and financial consequences. FEMA regulations for NRI govern foreign exchange transactions related to property dealings in India, and failure to adhere to these regulations can result in penalties and legal actions. Non-compliance with FEMA regulations NRIs may... View answer

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Can NRIs build on agricultural land in India?

NRI agricultural land ownership in India is subject to restrictions under the Foreign Exchange Management Act (FEMA) and various state laws. Generally, NRIs are prohibited from directly purchasing agricultural land in India without special permission from the Reserve Bank of India (RBI). However, there are certain provisions for NRIs regarding inheritance and gifting of such... View answer

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How can NRIs avoid fraud in Indian real estate transactions?

NRI real estate fraud prevention requires a multi-faceted approach, encompassing thorough due diligence, reliance on trusted professionals, and vigilance throughout the transaction process. NRIs can mitigate risks by meticulously verifying property documents, such as sale deeds and title deeds, ensuring their authenticity and legality. Engaging reputable lawyers, renowned for their expertise in real estate law,... View answer

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Are there any restrictions on the types of properties that NRIs can buy in India?

Under NRI property laws in India, NRIs have certain restrictions and permissions regarding the types of properties they can buy. NRIs are allowed to purchase residential properties in India without any restrictions. They can buy apartments, houses, villas, or any other residential units as per their preference. Similarly, there are no specific restrictions on the... View answer

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What documentation is required for NRIs to sell property in India?

When selling property in India owned by an NRI,  meticulous documentation is essential to ensure a smooth and legally sound transaction according to NRI property laws. The following documents are typically required: View answer

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Can NRIs obtain home loans in India for property purchase, and what are the criteria?

Yes, Non-Resident Indians (NRIs) can obtain home loans in India for property purchase, subject to certain criteria. Here are the key points: Eligibility Criteria: Documents Required: View answer

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What are the legal steps for an NRI to lease or rent out property in India?

NRI leasing property in India or Renting out property involves certain legal steps to ensure compliance with Indian laws. Here’s a general outline of the process: View answer

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What is the role of a Power of Attorney in NRI property transactions?

In NRI property transactions, a Power of Attorney (POA) plays a crucial role, facilitating the management and execution of various legal and administrative tasks on behalf of the NRI property owner. A Power of Attorney is a legal document that authorizes an individual (the attorney-in-fact) to act on behalf of another person (NRI). In the... View answer

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How can NRIs repatriate funds from the sale of property in India?

Repatriation of funds for NRIs from the sale of property in India is subject to certain RBI guidelines aimed at regulating cross-border transactions and ensuring compliance with foreign exchange regulations. According to the guidelines, NRIs can repatriate the sale proceeds of property acquired under Section 6(5)(iv) of FEMA (Foreign Exchange Management Act) or their successors,... View answer

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What are the RBI guidelines for NRIs purchasing property in India?

RBI guidelines for NRIs property purchasing in India are outlined to ensure smooth transactions and adherence to foreign exchange regulations. NRIs and OCIs have specific provisions under the Foreign Exchange Management Act, 1999 (FEMA) and its associated rules. View answer

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Can NRIs inherit property in India, and what is the process involved?

NRIs have the legal right to inherit property in India. The process involved in inheriting property as an NRI typically follows these steps: View answer

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What are the tax implications for NRIs buying or selling property in India?

For NRIs looking to buy or sell property in India, understanding the tax implications is crucial.  Buying Property in India as an NRI Selling Property in India as an NRI View answer

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How can NRIs manage property disputes in India?

Managing property disputes in India can be a challenging task, especially for NRIs who may not be physically present in the country to oversee the resolution process. These disputes can arise due to various reasons such as inheritance issues, fraudulent transactions, boundary disputes, illegal possession, and breach of contract, among others. However, NRIs can effectively... View answer

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What are the legal requirements for an NRI to buy property in India?

Non-Resident Indians (NRIs) seeking to invest in Indian property are governed under several Acts and regulations. The Foreign Exchange Management Act (FEMA), 1999, RBI’s guidelines and the Real Estate (Regulation and Development) Act, 2016 (RERA) are the regulations that regulate NRI property purchase in India. NRIs are eligible to purchase both residential and commercial properties... View answer

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What are the legal requirements for an NRI to sell their property in India?

NRI Property laws entail specific legal requirements for NRIs looking to sell their property in India: The NRI must possess all necessary ownership documents, including the sale deed, title deed and possession certificate.  NRIs must obtain a Permanent Account Number (PAN) and fulfil any tax liabilities arising from the sale, such as capital gains tax.... View answer

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