NRI Legal Services

Title Search and Due Diligence

It is the process of examining all relevant records that have been carried out through a registered document to confirm that the seller is the legal owner of the property having full rights, title and interest to transfer the property and that there are no liens or other charges/claims outstanding. We provide an exhaustive and in-depth search of public records to determine and confirm a property’s legal ownaership. Irrespective of a property having been bought or inherited, it is imperative for NRIs to have complete knowledge and control on the details about their properties located in India and the latest certified records of such properties proving unequivocally the latest ownership pattern of the said property. This is to ensure that their properties are secure and there is no element of uncertainty with regards to the ownership of these properties. Having updated title documents in their possession, physical status of the property, status of the person in possession and the capacity in which the property is being occupied also needs to be known. In addition to that the commercial value of the property is a key piece of information desired by NRIs The salient features of our services are;

· We obtain certified copies of the latest title records from the concerned authorities to verify and validate the ownership status of that particular property and provide the same to our clients.

· We help in physical verification of the property by visiting the property and finding the on-ground status on the current occupant of the property and how they are in possession of the said property.

· Photographs of the property are included as part of the comprehensive report we provide to our clients, based on the ‘Title Search’ undertaken.

· We provide translated copies wherever documents are in local vernacular language. · If illegal transfer or an invalid sale or exchange has been committed, the client is updated about the same and given legal advice to take timely action in order to challenge the same and restore his / her rights over the property. Where the Client intends to purchase an immovable property, before engaging in any property transaction, thorough due diligence is crucial to ensure the legitimacy and legality of the property. This includes: · Title Verification: Ensure the seller has clear and marketable title to the property. · Ownership History: Check the chain of ownership to identify any potential disputes or encumbrances. · Encumbrance Certificate: Obtain this document from the sub-registrar’s office to confirm that the property is free from legal dues. · Property Taxes: Verify that all property taxes have been paid up to date. · Building Approvals: Ensure that all necessary approvals from the local municipal authority are in place for constructed properties. The purpose of getting a Title Search Report is to reveal defects in the property, give assurance and confidence to the buyer where the Title Report is positive, the buyer is able to make an informed decision and it reduces the risk of future contingencies and disputes.

Partition of property

Most of the overseas persons of Indian origin need to partition their jointly inherited properties in India. Since the properties devolve upon them through succession rights in India, hence over time there can be several co-owners to the inherited properties. Different owners might want to control the properties in a different way and have different objectives. A complicated situation arises if an NRI happens to find himself in dispute with the person who currently has the possession of the joint property. Most likely the individual in possession would prefer to get the authority to control, manage or even sell the relevant share in the property which could be detrimental to the interest of the shareholder living overseas. In case of a joint property, all the owners have equal ownership rights in the property in record, but their individual shares are not physically defined with separate boundaries. Joint property is the foremost reasons for feuds and disagreements amongst families/relatives. To avoid such disputes and for effective management and control of one’s own share in a joint property, it is highly recommended to divide the individual shares. This could be ancestral land, residential or a commercial establishment that has been co-inherited with siblings or relative. In all cases, joint ownership of property would put an individual in a vulnerable position and especially in case of non-resident Indians where they are not physically present in India to safeguard and protect their own interests. Moreover because of the complexities in the law and procedures related to partition of property, they generally find themselves trapped in tedious legalities, their inability to travel to India again and again to supervise and manage their cases add to their woes while handing such matters. · Partition suit is a process by which property gets divided into separate portions. · Any co-owner can file for partition suit even if other co-owners are not in consensus. · Each co-owner gets a share as per his/her legal entitlement. · Post the division, every portion gets a new title and each ‘owner’ gives up his share in the other portions. · After completion of partition suit process, there would be complete control of each co-owner on his share in the property. · It restrains interference by anybody else in one’s own share. · Partitioned land fetches much better price than un-partitioned land during sale of the property · Partition is the best remedy to get the possession back where the person in control of property is not willing to handover the possession to the actual owner. · Each co-owner’s share is inheritable and transferable. Share of each co-owner is clearly and explicitly identified. This helps in avoiding problems in transfer, alienation, inheritance and taxation. We offer one of the best platforms for comprehensive advice and representation in matters pertaining to partition. Our experience both in terms of years and number of clients puts us in an irrefutably advantageous position to provide credible services to all our patrons for any kind of partition i.e. contested or uncontested. We are proficient in handling all types of partitions for any type of property i.e. agricultural land, residential or commercial property etc. In case of division of agricultural land, the cases are filed at office of Tehsildar of the valid jurisdiction. In case of absence of family settlement, the partition is executed on the principle of good to good and bad to bad land, equally distributed which means that each co-owner is granted a share of equal value. Irrespective of mode of partition, site visits, measurement of land, preparing maps etc. hold strategic importance for effective implementation of strategy to resolve the matter in prudent manner. In case of commercial and residential properties, the cases are filed in the civil court of valid jurisdiction. Broadly, the process is that the court appoints a local commissioner to inspect the property. Based on submission of his report after inspecting the property, if it cannot be divided in metes and bounds i.e. into individual saleable units for each co-owner then the court might order the sale of the property and distribution of proceeds. The procedure of partition involves both in court and out of court work. Our team of specialists in revenue law having vast experience in handling technical and complex procedures at each stage works in tandem with our network of best legal minds who are well versed with the legalities and procedures involved in handling such matters in most judicious manner anywhere in India without the need of the client’s frequent travel to India.

Transfer of property

A widely pervasive issue faced by Overseas Indians is the transfer of property or immovable real estate assets. Given the federal nature of India as a country all such matters related to transfer of agricultural, residential or commercial real estate falls under the purview of the states. These further compounds the misery for NRIs as well as complicating the process of executing property transfer, because each state has different laws, rules and applicable taxes that govern such transfers. Property Transfer is the only way by which change of ownership from one person to another person can be done. Any person who wants to actively control, manage, build, mortgage or sell a real estate asset, needs to have ownership of such an asset. This becomes even more important in the case of NRIs because they are physically far away from the property and typically the property has been received by them by way of an inheritance. Thus, to able to safeguard and manage the real estate asset, it is imperative to have the property transferred and ownership records updated. Once the property transfer is completed the new owners name gets properly recorded in the relevant Government records. Unlike Western countries, in India, transfer of a real estate asset is not an automatic process but often a time consuming and tedious process under law where one has to submit proper documentation, go through verification checks and complete all necessary legal formalities to finalize the process. These processes are made more cumbersome since they vary from one state to another. There are multiple alternatives through which such a property transfer can take place, and these also vary somewhat, depending on which state of India the property is located. The property transfer process can also vary based on whether the person from whom the property is being transferred is alive or not and is further dependent on whether the deceased person has left a will or not. A deceased person’s property can be transferred based on natural succession or Will. If a person dies intestate i.e. without leaving a will, their immovable assets get devolved upon all class 1 legal heirs. If an owner of a property is willing to transfer the ownership rights to someone during their lifetime, there are various instruments available through which he can transfer their title rights, such as, Gift Deed, Transfer Deed, Relinquishment Deed or Sale Deed, etc. It is pertinent and important to highlight that irrespective of the mode of transfer, it is mandatory to register the instrument of transfer (Gift Deed, Transfer Deed, Relinquishment Deed or Sale Deed) with the appropriate Government authority for it to become final and enforceable. Only after getting it registered with relevant authorities does the instrument of transfer (Gift Deed, Transfer Deed, Relinquishment Deed or Sale Deed) become legally valid. The process of registration for a property transfer in India involves a payment of stamp duty and other registration costs. The costs are based on a percentage of the commercial value of the real estate asset and these rates vary from one state to another. Upon successful registration of the instrument of transfer (Gift Deed, Transfer Deed, Relinquishment Deed or Sale Deed) the mutation of the property can be applied for.

Banking and Finance

We offer our clients a complete suite of services relating to their banking, investments in equities, investments in various Government of India bonds (National Saving Certificates, Indira Vikas Patra, Kisan Vikas Patra to name a few) and savings held with Post Offices in India. With NRI’s or people of the Indian diaspora living abroad, one of the biggest headaches that has emerged over time is to handle requirements related to these funds held in banks or investments in various types of instruments illustrated above. These movable assets are typically held by NRI’s themselves or their parents and in many cases even by their grandparents. Most of these funds are held in banks or instruments that have been held for long periods of time and can be termed as legacy funds/savings. Such funds held in legacy accounts or instruments have not been kept operational and upto date. NRIs ultimately want to access these funds and use repatriation services to take these funds back to their country of residence. Coupled with the above realities, the liberalisation and rapid digitisation of the Indian economy over the last many years has led to a rapid evolution of rules and statutes governing such bank accounts/bonds/equities/savings in any other forms in India. India has now caught up with the latest best practices prevalent globally and the requirements involved in keeping such accounts/investments operational and upto date. This has resulted in these funds/investments becoming dormant or getting frozen and thereby making them inaccessible for NRI’s or the legal heirs of the original investee/account holders. Our banking, financial and repatriation services helps overcome the issues enunciated above in an end to end manner with 360-degree closure loop. Some of the key services we offer are: · Activation of Dormant Bank Accounts. · Complete assistance for clients to acquire all mandatory paperwork and ID’s without which no financial transaction can be concluded, such as PAN Card. · Opening of new Bank Accounts as per the status of the client – such as NRE or NRO accounts. · Activation and retrieval of funds held in Accounts that are non-operational for more than 10 years, which are termed as D.E.A.F (Depositor Education & Awareness Fund) accounts and the funds are moved from the Bank to Reserve Bank of India. · Completion of all Know Your Customer (KYC) requirements with regards to Bank accounts/Equities/Bonds/Post Office Accounts. · Conversion of equities held in physical form into Demat form, along with opening of a Demat account and regularising of Bank Account linked to Demat accounts. · Complete suite of repatriation services to repatriate funds held in Bank Accounts/Demat Accounts/Post Office, to the country of residence of our client with full compliance of all Government of India rules and regulations.

Succession Certificate

Non-resident Indians face lot of problems when it comes to accessing their inherited moveable assets in India. Stringent policies of banks regarding releasing the funds of deceased persons leave legal heirs in disarray as they are not fully acquainted with the laws and procedures to access these assets. A succession certificate is now mandatory for accessing any type of movable assets whether they maybe funds locked up in bank accounts or investments held in the form of equites, Government bonds, mutual funds, or any such financial instruments or these maybe funds held in post offices in India. Succession Certificate is a document which is issued by the court for claiming movable assets by the successors of the deceased person. It establishes the legitimacy of the heirs and gives them the authority to access the assets. It is issued by the appropriate civil courts in India under the relevant laws of inheritance on an application filed by the beneficiaries in a court of applicable jurisdiction for issuance of such a succession certificate. Obtaining a Succession Certificate in India · The beneficiary must file a petition to procure a certificate in a court of law. · The certificate may be issued by a District judge under whose jurisdiction the movable assets in question are located, or by a judge under whose authority the deceased lived. · The petition must specify the name of the beneficiary, his/her relationship with deceased, names of all other Class 1 Legal heirs. · The death certificate of the deceased person whose assets are being asked for by the legal heirs must be attached to the petition. · The court will then notify the parties concerned and provide a time frame within which anyone might object. If no objection is raised, then the court issues a succession certificate to the beneficiary. · In the event of multiple beneficiaries, a joint certificate is issued. · NRI Legal Services provides a comprehensive service for the Indian diaspora overseas to obtain such succession certificates so that they can access the hard-earned money invested by their parents into movable assets. We deliver this end to end service without the need for our clients having to travel to India.

Tax Matters

Complete spectrum of services for private individuals or organizations related to Income tax matters in India (for any Income accrued from a real estate asset, Income from business or profession, Income from salaries, Income in the form of capital gains or any Income from other sources) including but not limited to, assessment of tax liability, payments of taxes based on applicable rules and statutes, handling of any income tax notices, arguing cases or appeals as the situation warrants in appropriate courts or tribunals and negotiating settlements on behalf of our clients

Disputes between Landlord and Tenant

A large percentage of NRIs and people of Indian origin wish to maintain ties back home in India and have a base in India, so that they can stay connected with their roots. One of the most prevalent ways by which overseas Indians do that is by making investments in real estate – residential or commercial. With liberalization and the emergence of India a key global economy, the real estate sector in India has seen assets values rise manifold and some of the most expensive real estate in the world, is now in India. This extended bull run of the real estate sector has resulted in multitudes of residential and commercial project mushrooming across the length and breadth of the country. The developers of such projects have NRIs as a prime focus (given the economic strength of NRIs) to offer these new projects as investment opportunities. On the downside, this boom has also spawned many unscrupulous and fraudulent developers, who take gullible NRIs for a ride, since they do not have the requisite expertise and understanding of the real estate market in India. NRIs end up making significant investments with such unscrupulous developers resulting in their hard-earned money being swindled and they are faced with the prospect of not being able to realise their dream of owning a real estate asset in lieu of the investment made.

Developer Claims and Dispute

Some of the key issues that NRIs face with regards to their investment in residential or commercial real estate in India are: · Inability of the Developer to complete the project · Delay in handing over Possession to the buyer within stipulated timelines · Deficiency in the quality of construction · Non-compliance to the clauses mentioned in the agreement executed with the developer · Non-compliance to the prevalent laws for layout plans or construction · No communication from the Developer/Builder/Company with respect to construction or progress (In case of ongoing projects) · Amendment in the layout plan or building/structure without the knowledge of the buyer · Non-issuance of completion/occupation certificate · Demand of additional/hidden fees To help our NRI clients overcome these issues, NRI Legal Services offers a full suite of services for the resolution of any legal issue pertaining to the Real Estate Developer/builder claims. The objectives of our services are to ensure that our clients receive: · Refund for the full amount paid by the buyer with penal interest · Compensation · Any other costs

Possession Dispute

Anuj Dewan & Associates have a vast experience in dealing with several property related disputes which include but not limited to possession disputes. The property law in India is not governed by a single law and that is why the experience is essential to get to the core of the case and take the help of the relevant law to defend the interest of the client.

Matrimonial Dispute

We have good experience in handling all kinds of matrimonial cases and divorce petition including the following; · Petition against ex-parte Divorce obtained from Foreign Court Abroad · Petition for restitution of conjugal rights · Petitioner of Judicial Separation · Petition for Maintenance being spouse & dependent(s) children · Petition for declaring the marriage as null & void being contrary to the provisions of Hindu Marriage Act · Petition under Domestic Violence Act and more We specialize in divorce processes, and we aim to assist people during their life's most difficult transitions. Our team of experienced lawyers utilize compassion and knowledge to provide our clients with the best possible representation, advice, and support as they navigate the challenges of divorce. Section 13 of the Hindu Marriage Act provides for several grounds for Divorce such as Cruelty, desertion, conversion, mental disorder, communicable disease and presumption of death. The commonly required documents for divorce are given below: · Marriage Proof evidence (e.g. - Marriage Certificate, photos, wedding cards, etc.) · Address Proof (ex-Aadhar card, PAN card, Voter ID, etc.) · Income statement (if required) · Passport size photos · Evidence supporting the grounds of divorce · Details of Children (if have)