Supreme Court Demolition Guidelines 2024: Notice, Hearing and Accountability
Explaining the 13 November 2024 demolition judgment, its procedural safeguards, exceptions and limits on punitive state action.
2026-10-298 minRead
For Non-Resident Indians
NRI Legal Services in India
Living abroad and have a property, family or customs matter in India? See the law, the papers and the steps for property visits, legal opinions, property management, power of attorney, disputes, customs and TDS. General information, not legal advice.
Property visit & physical verification
A local representative can visit the property, photograph boundaries and possession, check for encroachment or tenants, and match the site with revenue and municipal records before you buy, sell or file a case.
What is done
- Site photos and video with date stamps
- Check who is actually in possession
- Match survey number and boundaries with revenue records
- Check municipal tax and utility dues
Law that applies
- State land revenue codes (record of rights)
- Specific Relief Act, 1963 — Section 6: suit to recover possession within 6 months of dispossession
Keep ready
- Sale deed or title document copy
- Survey/khata/patta number
- Recent property tax receipt
Property legal opinion & title search
A title search traces ownership through registered documents, usually for the past 13 to 30 years, and checks encumbrances, litigation and approvals. Banks commonly ask for a legal opinion before a home loan.
What is done
- Encumbrance certificate from the Sub-Registrar
- Chain of title documents
- Pending court cases on e-Courts
- Building approval and occupancy certificate
Law that applies
- Transfer of Property Act, 1882
- Registration Act, 1908 — Section 17 (compulsory registration)
- FEMA (Non-debt Instruments) Rules, 2019 — NRIs/OCIs cannot buy agricultural land, plantation property or farmhouses
Keep ready
- Copies of all title deeds
- Encumbrance certificate
- Approved plan, OC and tax receipts
Power of attorney from abroad
A PoA signed abroad is executed before an Indian Embassy/Consulate officer, or before a local notary with apostille in Hague Convention countries. After it reaches India, it must be stamped (adjudicated) under the Indian Stamp Act within three months of receipt.
What is done
- Use a specific PoA for each transaction where possible
- Consular attestation or apostille as applicable
- Stamp within 3 months of receipt in India
- Register it if the State or transaction requires
Law that applies
- Powers of Attorney Act, 1882
- Indian Stamp Act, 1899 — Section 18 (instruments executed outside India)
- Suraj Lamp & Industries v. State of Haryana (2011): a GPA sale does not transfer title
Keep ready
- Passport and visa copies
- Property details
- Attorney holder ID and photos
Partition, encroachment & tenant disputes
Common NRI disputes are family partition, relatives or tenants refusing to vacate, and encroachment. Court cases can be run through a PoA holder and counsel, and many courts allow appearance by video conference.
What is done
- Partition suit and temporary injunction
- Eviction under the State rent law
- Suit for possession based on title within 12 years
- Probate or succession certificate for inherited property
Law that applies
- Code of Civil Procedure, 1908 — Order XXXIX (injunctions)
- Limitation Act, 1963 — Article 65
- Indian Succession Act, 1925
- Hindu Succession Act, 1956
Keep ready
- Title and family tree
- Rent agreement or tenancy proof
- Photos and any police complaint
NRI property management & tenant oversight
While you live abroad, a local representative can look after a vacant or rented home or plot: periodic visits with dated photos, vetting a written rent or leave-and-licence agreement, tenant police verification, tracking property tax and society dues, and a documented handover when the tenant leaves.
What is done
- Scheduled site visits with dated photo reports
- Written, registered rent agreement where required
- Tenant police verification as required locally
- Track property tax, utility and society dues
- Move-in and move-out inventory and key handover
Law that applies
- Transfer of Property Act, 1882 — Sections 105–111 (leases)
- Registration Act, 1908 — Section 17 (leases above one year must be registered)
- State rent laws; some give NRI landlords a faster route to recover possession (e.g. Maharashtra Rent Control Act, 1999 — Section 24 for licences)
- Limitation Act, 1963 — Article 65 (keep records to resist long-term possession claims)
Keep ready
- Title deed and property tax receipt
- Tenant ID and police verification acknowledgment
- Signed rent/leave-and-licence agreement and society NOC
Customs, baggage & transfer of residence
Under the Baggage Rules, 2016, an Indian resident or person of Indian origin returning from abroad gets a duty-free allowance of ₹50,000 for bona fide baggage (other than from Nepal, Bhutan or Myanmar). Gold and transfer-of-residence concessions depend on how long you stayed abroad.
What is done
- Free allowance ₹50,000 per passenger
- Gold jewellery: up to 20 g (₹50,000) for men, 40 g (₹1 lakh) for women, if abroad over 1 year
- Transfer of residence needs at least 2 years abroad
- Seized goods: appeal to Commissioner (Appeals) within 60 days
Law that applies
- Customs Act, 1962 — Sections 77, 79 and 128
- Baggage Rules, 2016 (as amended)
Keep ready
- Passport with stay history
- Purchase invoices
- Detention or seizure receipt
TDS on property sale & repatriation
When an NRI sells property, the buyer must deduct TDS under Section 195 on the capital gain portion at the applicable rate (often 12.5% plus surcharge and cess on long-term gains). The NRI can apply for a lower or nil deduction certificate under Section 197. Sale proceeds can be repatriated up to USD 1 million per financial year from the NRO account with Form 15CA/15CB.
What is done
- Buyer needs a TAN to deduct TDS
- Apply for Section 197 certificate before the sale
- File an ITR to claim refund of excess TDS
- Form 15CA/15CB for the remittance
Law that applies
- Income Tax Act, 1961 — Sections 195 and 197
- FEMA, 1999 and RBI Master Direction on remittance of assets
Keep ready
- PAN and sale agreement
- Purchase cost and improvement bills
- NRO bank details
Inheritance, succession & probate
When a parent or relative dies in India, an NRI heir can claim property and bank assets without relocating. Depending on the asset and State, this may need a succession certificate (for debts and securities), probate of a will, letters of administration, a legal heir certificate, or mutation of land records, usually handled through a PoA holder and counsel.
What is done
- Identify whether a will exists and where it must be probated
- Succession certificate for bank deposits, shares and debts
- Legal heir certificate from the Tehsildar/revenue office
- Mutation of property in revenue and municipal records
- Relinquishment or partition deed among heirs
Law that applies
- Indian Succession Act, 1925 — Sections 213, 276 and 372
- Hindu Succession Act, 1956 — Sections 8 and 15
- Registration Act, 1908 — Section 17 (relinquishment/partition deeds)
- FEMA (Non-debt Instruments) Rules, 2019 — inheritance by NRIs/OCIs
Keep ready
- Death certificate and family tree/legal heir proof
- Original will (if any) and title deeds
- Passport, PoA and bank/share statements of the deceased
Matrimonial, divorce & child custody
NRIs can file or defend divorce, maintenance and custody matters in India, often through a PoA holder and video appearance where the court allows. Mutual consent divorce under Section 13B of the Hindu Marriage Act needs both spouses to consent; foreign divorce decrees are tested in India under Section 13 CPC. Look Out Circulars and passport issues need prompt legal response.
What is done
- Mutual consent divorce with video appearance where permitted
- Defend or file maintenance and domestic violence cases
- Child custody and guardianship petitions
- Validity of a foreign divorce decree in India
- Respond to Look Out Circulars and passport impounding
Law that applies
- Hindu Marriage Act, 1955 — Sections 13 and 13B
- Special Marriage Act, 1954 — Section 28
- Code of Civil Procedure, 1908 — Sections 13 and 44A (foreign judgments)
- Guardians and Wards Act, 1890
- BNSS, 2023 — Section 144 (maintenance)
Keep ready
- Marriage certificate and passport
- Any foreign court orders or decrees
- Children’s birth certificates and residence proof
Business setup, investment & FDI compliance
NRIs and OCIs can start or invest in an Indian company, usually under the automatic route for most sectors. A private limited company needs at least one director resident in India (stayed 182 days or more in the previous financial year). Foreign investment must be reported to RBI through the FIRMS portal within prescribed timelines.
What is done
- Private limited company or LLP incorporation
- At least one India-resident director
- FDI reporting (FC-GPR) on the RBI FIRMS portal
- Investment on repatriable or non-repatriable basis
- Annual ROC and FEMA compliance
Law that applies
- Companies Act, 2013 — Section 149(3) (resident director)
- FEMA, 1999 and FEMA (Non-debt Instruments) Rules, 2019
- RBI Master Direction — Reporting under FEMA
- Limited Liability Partnership Act, 2008
Keep ready
- Passport/OCI card and overseas address proof (apostilled)
- PAN and Indian address for registered office
- NRE/NRO/FCNR bank details for capital
How it works from abroad
- Step 1
Tell us the problem
Share the matter type, State and city, and a good time to call in your time zone.
- Step 2
Video call with counsel
An independent advocate explains options, documents and likely costs.
- Step 3
PoA or authorisation
If someone must act in India, a PoA is signed at the Consulate or with apostille.
- Step 4
Work in India, updates to you
Site visits, filings and hearings are done locally; you receive copies and updates.
Requests are passed to independent advocates. No outcome or response time is guaranteed.
People also ask
Can an NRI buy property in India?
Yes. NRIs and OCI cardholders can buy residential and commercial property in India. They cannot buy agricultural land, plantation property or farmhouses except by inheritance, under the FEMA (Non-debt Instruments) Rules, 2019.
How can an NRI give power of attorney from abroad?
Sign the PoA before an Indian Embassy or Consulate officer, or before a local notary and get it apostilled if the country is in the Hague Convention. Once it reaches India it must be stamped under Section 18 of the Indian Stamp Act within three months.
Can an NRI sell property in India without visiting?
Yes, usually through a registered or properly stamped specific power of attorney. The attorney holder signs and registers the sale deed. A GPA alone does not transfer title; a registered sale deed is needed.
What is the TDS on property sale by an NRI?
The buyer deducts TDS under Section 195 on the capital gain at the applicable rate, often 12.5% plus surcharge and cess for long-term gains. The seller can apply under Section 197 for a lower deduction certificate before the sale.
How much money can an NRI repatriate after selling property?
Up to USD 1 million per financial year from the NRO account, including sale proceeds, after paying tax and submitting Form 15CA and, where needed, Form 15CB.
What to do if a relative or tenant occupies an NRI property?
Send a legal notice, collect title and possession proof, and file an eviction or possession suit with an injunction. If dispossessed without consent, a suit under Section 6 of the Specific Relief Act must be filed within 6 months.
Can an NRI attend an Indian court case by video?
Many High Courts and district courts allow appearance and evidence by video conference under their rules. Otherwise a PoA holder and counsel can conduct the case; personal attendance may still be ordered.
What is the duty-free allowance for NRIs at Indian customs?
Under the Baggage Rules, 2016 it is ₹50,000 per passenger for bona fide baggage. Jewellery limits apply for those abroad over one year. Check the current CBIC notification before travel because limits can change.
How can an NRI claim inherited property in India?
Collect the death certificate and legal heir proof, then obtain probate (if there is a will and probate is required in that place), a succession certificate for bank assets, and mutation of land records. A PoA holder in India can complete most steps.
Can an NRI get a divorce in India without coming to India?
In many cases yes. Courts have allowed mutual consent divorce with appearance by video conference and a PoA holder, but the court may still require personal presence. Practice differs between courts.
Can an NRI be a director of an Indian company?
Yes. An NRI can be a director with a DIN, but every company must have at least one director who stayed in India for 182 days or more in the previous financial year under Section 149(3) of the Companies Act, 2013.
Not sure where your issue fits? Start with the basics. You can request an independent advocate, compare options through our ask a lawyer a free question, or go straight to free legal document formats. Always cross-check rules on the India Code for official Bare Acts and the e-Courts case status services before you act.