NRI Property Services

NRI Property Services in India

Legal help for NRIs and OCI cardholders with property in India — resolving disputes, recovering illegally occupied property, claiming ancestral property, partitioning joint property and selling property from abroad.

01 · Property disputes

NRI Property Dispute Lawyer in India

Disputes over title, ownership or boundaries are among the most common problems NRIs face, often because the property has been looked after by others for years. Acting early protects your rights and your evidence.

Title & ownership disputes

Rival claims to ownership, defective title and disputes over the chain of documents.

Fraudulent sale or forged documents

Suits to cancel sale deeds or other documents executed by fraud or forgery, with complaints where an offence is made out.

Boundary & encroachment

Encroachment by neighbours, boundary disputes and demarcation through the revenue authorities or court.

Co-owner & family disputes

Disagreements between co-owners or relatives over use, income or sale of the property.

Tenant disputes

Unpaid rent, breach of the rent agreement and disputes over repairs or sub-letting.

Builder & society disputes

Delayed possession, refunds and deficient construction before RERA, consumer commissions or courts.

How the process usually works

1. Review of title documents, certified copies, encumbrance certificate and revenue records.

2. Legal notice to the other party setting out your claim.

3. Negotiation or mediation, where a settlement is realistic.

4. Civil suit for declaration, injunction or cancellation of documents, with interim relief to protect the property.

5. Execution of the decree once the case is decided.

Documents usually needed

• Sale deed or other title deeds

• Mutation and land revenue records

• Property tax and utility receipts

• Encumbrance certificate

• Agreements, notices and correspondence

• Power of Attorney, if a representative will act for you

02 · Property recovery

Recovering Illegally Occupied Property

If a tenant, caretaker, relative or stranger occupies your property without right, the law offers civil remedies and, where an offence is involved, criminal remedies too.

Tenant refusing to vacate

Eviction proceedings under the applicable state rent law or by a civil suit, depending on the tenancy.

Caretaker or relative in occupation

Action against caretakers, relatives or licensees who refuse to hand back the property.

Trespass & illegal occupation

Suits for recovery of possession against unauthorised occupants and squatters.

Interim protection

Injunctions to stop further construction, alteration or transfer while the case is pending.

Damages for use of property

Claims for mesne profits — compensation for the period your property was wrongfully used.

Police complaint

Complaints for criminal trespass, cheating or forgery where the facts support an offence.

How the process usually works

1. Verification of your title and the occupant's status.

2. Legal notice to vacate and, where relevant, a police complaint.

3. Suit for possession or eviction, with interim injunction.

4. Hearing and evidence, often through your Power of Attorney holder.

5. Execution of the decree to get physical possession back.

Documents usually needed

• Title documents

• Rent or leave-and-licence agreement, if any

• Rent receipts or bank records

• Photos or other evidence of the occupation

• Copies of earlier notices or complaints

• ID proof and Power of Attorney

If you were dispossessed recently, Section 6 of the Specific Relief Act provides a faster remedy, provided the suit is filed within six months of dispossession. Regular inspections, written rent agreements and tenant police verification help prevent problems.

03 · Ancestral property

NRI Ancestral Property Dispute Lawyer

Living abroad does not take away your rights in family property. For Hindus, Sikhs, Jains and Buddhists, ancestral property is generally property inherited through up to four generations of male lineage that has not been partitioned, and since the 2005 amendment to the Hindu Succession Act daughters are coparceners with the same rights as sons. Other communities are governed by their own personal laws.

Claiming your share

Establishing your share in ancestral or inherited family property and asserting it with the family.

Daughters' rights

Enforcing a daughter's coparcenary rights in ancestral property.

Sale without your consent

Challenging a sale or transfer of family property that ignores your share.

Family settlement

Drafting a memorandum of family settlement to divide property by agreement.

Release or relinquishment deed

Giving up, or receiving, a share in family property through a registered deed.

Mutation after inheritance

Updating revenue records in the names of the legal heirs.

How the process usually works

1. Building the family tree and checking the title history of the property.

2. Obtaining succession documents such as a legal heir certificate or succession certificate.

3. Notice to family members and an attempt at settlement.

4. Partition suit or other proceedings if a settlement is not possible.

5. Registration of the settlement or decree and mutation of records.

Documents usually needed

• Family tree

• Death certificates of the deceased owners

• Legal heir certificate, if issued

• Old title deeds and revenue records

• Any will or earlier family settlement

• Your ID proof and Power of Attorney

04 · Property partition

Property Partition Lawyer for NRIs

Partition divides jointly owned or inherited property so that each co-owner gets a defined share. It can be done by agreement between the co-owners or, if they cannot agree, by the court.

Partition by agreement

A registered partition deed when all co-owners agree on how to divide the property.

Family settlement & mediation

Settling shares through negotiation or mediation before going to court.

Partition suit

A court case leading to a preliminary decree declaring shares and a final decree dividing the property.

Agricultural land

In many states, partition of agricultural land is handled through the revenue authorities.

Sale and division of proceeds

Where the property cannot be divided physically, the court may order a sale and split the proceeds.

Stamp duty & registration

Guidance on stamp duty, registration and mutation after partition.

How the process usually works

1. Identifying all properties and every co-owner's share.

2. Attempting settlement or mediation between co-owners.

3. Registering a partition deed, or filing a partition suit.

4. Preliminary decree declaring each party's share.

5. Final decree, division by a court commissioner, and mutation.

Documents usually needed

• Title deeds of the property

• Family tree and death certificates (for inherited property)

• Revenue and mutation records

• Property tax receipts

• Valuation report, if available

• Power of Attorney, if a representative will act for you

05 · Property sale

Sell Property in India from Abroad

In most cases you can sell property in India without travelling by appointing a trusted representative through a properly executed Power of Attorney. Getting the tax and repatriation steps right is as important as the sale itself.

Title check & due diligence

Checking title, dues and encumbrances so the sale is not held up.

Power of Attorney for sale

A specific PoA signed at an Indian Embassy or Consulate, or notarised and apostilled, then adjudicated in India.

Agreement & sale deed

Drafting and reviewing the agreement to sell and the sale deed.

Registration

Registration of the sale deed at the sub-registrar's office through your representative.

TDS & lower deduction certificate

The buyer must deduct TDS on a purchase from an NRI; you can apply to the Income Tax Department for a lower deduction certificate.

Repatriation of proceeds

Moving sale proceeds abroad through your NRO account, with Forms 15CA/15CB and within FEMA limits.

How the process usually works

1. Verify documents and clear any dues or encumbrances.

2. Sign the Power of Attorney abroad and send it to India.

3. Adjudicate and stamp the Power of Attorney; finalise the buyer.

4. Execute the agreement to sell and register the sale deed.

5. Deal with capital gains tax and TDS, then repatriate the proceeds.

Documents usually needed

• Original title deeds and the chain of documents

• PAN card

• Encumbrance certificate

• Property tax receipts and society NOC, where applicable

• Passport / OCI card copies

• Power of Attorney for sale

Protect Your Property in India — Wherever You Live

Speak to a lawyer by phone or video about your property matter and get clarity on your next steps.

The information on this page is general and is not legal advice. Laws and procedures vary by state and by the facts of each case — please consult a lawyer about your specific matter.