Power of Attorney

January 11, 2019

A “Power of Attorney” (POA) is a legal instrument whereby one person gives another person the authority to be his/her representative and to make binding legal and financial decisions on his/her behalf. Technically, it is defined extensively as “an authority whereby one is set in the stead or place of another to act for him.” Detailed and systematic advice is always required for entering into such agreements and is vital to protect the rights. We know that NRIs have the right to buy commercial or residential property in India. There is no limit to the property they can buy. However they can’t buy agricultural land or farmhouses or even plantations – neither can they accept be gifted these. But they can acquire the latter in inheritance. There are various aspects that need to be comprehended and adhered to, as far as property issues are concerned. It is imperative therefore that they have full knowledge and assistance on this issue and understand how to remain protected from any harassment. However, overseas citizens don’t always find it easy to travel back and forth to sort out such issues hence the importance of the Power of Attorney in India. Remember the following – An individual need not be a lawyer to be granted the right to act on somebody else’s behalf. Three aspects need to be very clear in the minds of people here: the purpose of creating the document should be clearly stated the rights that are being vested in the agent need to be specified The method in which it would finally be brought to an end should be clear so that no ambiguity is there on this. It is a universally accepted fact that all documents relating to a POA must be interpreted strictly with due assistance by law-It is assumed that the POA grants only those rights as are specified in the document. This can grant considerable access to the third party to take any action on your behalf. Before you sign your name to contracts, you should give careful consideration to the person to whom you choose to grant those rights, and whether any time limits are to be imposed This involves the drafting papers which assign to another person the authority to be your representative. It is better to frame this kind of a document under proper lawyer advice. As a general precaution, remember to give a Restrictive Power of Attorney, wherein the powers of sale are not given. It is always better to give one that is Title specific. Each case would require judicial interpretation based on the facts and circumstances of that particular case. Before you sign, you should take help from appropriate lawyers and consider who you choose and also whether any time limit needs to be imposed on the power granted. The lack of properly drafted and executed documents can lead to a lot of complications in case an individual gets incapacitated due to severe illness or injury rendering him unable to travel, unable to make decisions or manage financial and medical affairs. Due to ignorance of the law, people fail to make […]

Read more

Criminal Litigation

January 11, 2019

NRIs often seek best advice from the ordinary litigation lawyers in India because of the charges that they face in the country. These charges are often unfounded and baseless. As far as property matters are concerned, in addition to the worries about land grabbing or manipulation, overseas citizens often also face problems in coming to India on account of these fraudulent actions against them. So much so that NRIs dread coming back at times, fearing that they would be caught in charges of various kinds. Fake records are created or documented against them to prevent them from coming to India. Further, cases are built and threats issued so that they live in morbid fear of returning to their own motherland. This is usually done since it suits the ill intentions of the property grabbing party. There are various issues involved here – The fear of being arrested or their passports being confiscated and the anxiety that they would never be allowed to leave keeps them away for years from the country of their roots. In the meantime, they lose or abandon their properties here. This has been a case for many people and results in unnecessary harassment. Many, who have been declared proclaimed offenders (POs) and are not able to get trustworthy litigation lawyers in India for representation to manage their criminal litigation, have to languish outside the borders of the country. They simply keep waiting for a chance to return and claim their inheritance or rightful shares to their lost properties. The irony of the situation is that thousands of such POs who continue to live in fear overseas for years are not aware that the cases against them could easily be finished on a simple representation in the court. Either the other co-accused has been acquitted, or sometimes the person who filed the complaint is no longer valid to continue with it. A typical example is a FIR under 498A where the woman has got married again. Such POs can now be successfully defended in the appropriate courts of law by skilled litigation lawyers in India. Several such people who have contacted us from different parts of the world have now been able to get rid of the stigma of being called POs and have gone on to successfully defend themselves to recover and restore their full rights. On an inquiry from an attorney where clients are involved in criminal cases in any court in India, the very first step is to read and review the complete case file to take an informed decision on how to proceed further. So if you or anyone you know is caught up in this extremely stressful situation, please do not hesitate to take a guided opinion from our team of litigation lawyers in India. The need of the hour in all such situations for all overseas citizens is a complete package of understanding, efficiency, competence, and legal expertise – somebody who can take over completely and handle the entire legal scenario for the NRIs. At NRI Lawyers, we pride ourselves in being an amalgamation of all these qualities and providing talented […]

Read more

Partition of Property

January 10, 2019

NRI Lawyers offers one of the best platforms for advice and representation for cases where there is shared ownership of property. In such cases, a legal partition of property is the only solution for sorting out claim issues. If an individual is the co-owner with any other person, it can create problems. This can get further complicated if an NRI happens to find himself in dispute with the person who currently has possession – most likely the individual in possession would prefer to get the authority to control, manage or even sell the relevant share in the land which is detrimental to the interest of the shareholder living overseas. In such situations, the filing of a Suit after seeking appropriate legal advice is the best legal remedy available for an NRI. All parties naturally seek the best legal advice. However, a deep understanding and review of documents with possible site visits hold utmost importance for effective implementation. These are facilities that our team of experts provides to all clients. Understanding Partition of Property Partition of the joint land is a mandatory step for effective management and control of your ownership. It is basically a process whereby shared ownership of property is so handled that the property then gets divided into separate portions. Each person then gets a share as per his legal entitlement. Post the division, every portion gets a new title and each ‘owner’ then would be giving up his share in the other portions. That means that there would be complete autonomy to operate in the partitioned share. It also means that it restrains interference by anybody else in your share. This could be ancestral land, a house or a commercial establishment that has been co-inherited along with siblings and other co-owners. A co owner’s share is inheritable and transferable. The share of investment of each co-owner and the undivided share in right, interest, and the title should be clearly and explicitly identified. This helps avoid problems in transfer, alienation, inheritance and taxation. A Proper legal advice given at the right time can help save a lot of situations where there is shared ownership of property. Types of Partition In all situation of shared ownership of property, there could be two kinds of partition-contested or uncontested. In a contested scenario, when all parties do not agree, a legal suit has to be filed in the courts. The shares of the people involved would depend on the particular share for each one as mentioned in their purchase or inheritance document. In an uncontested situation, all co-owners mutually agree to the solution. The deed should be executed on a stamp paper and drafted in a clear and unambiguous manner. It creates new owners and needs to be registered at the office of the sub-registrar to give it a legal and binding effect. The deed should in particular mention the date from which the entire procedure is effective. The names of the parties and their respective shares should be specifically mentioned. Partition of property is also subject to the laws of inheritance applicable to a particular person in a particular state. […]

Read more

Transfer of property

January 10, 2019

One of the most sought after issues for legal advice is property transfer in India. The transfer procedure is mandatory for any further processing on your property. Unless the given asset is properly and legally in your own name, you would stand the risk of being caught for some ‘benami’ ownership in India. In the present circumstances in the country, it has become mandatory now to ensure that the ownership title deeds are in proper order and everything is in your name. Why is Transfer necessary? To begin with, you would need it to establish your clear title of the asset. You would also need to transfer the asset in the name of the current living legal owners to avoid any fraud. Moreover, in case any fraud takes place, there needs to be clarity on the title to fight the legal case. So the first step to stake your real estate claims judiciously, is to get the transfer procedure completed. As part of the legal processes related to land, it is your duty to inform the authorities if the previous owner has passed away. As most legal service experts can tell you, unlike the West, in India, a transfer is not an automatic process but often a time consuming and tedious process under the law where proper documentation with verification checks have to be submitted to the appropriate land revenue and registry departments. If you want to actively control, build, mortgage or sell your real estate assets in India, it has to be effectively in your name. We firmly recommend that to safeguard and protect your rights, you must efficiently mutate your properties at the earliest in your name after following the proper process of law and legal advice. How does transfer take place? There are different ways that a Property Transfer in India can take place. This could happen by way of inheritance through a Will or law of natural succession applicable to you in the absence of Will whereby an asset is inherited by the class I legal heirs under the succession laws in India. Also, if the owner is still alive and consenting to transfer, he can gift it to you through a Gift Deed. Finally, transfers could also take place through a regular buy and sell procedure i.e. through a registered sale deed. The difference in the two – gift deed or registered sales deed- is that in a gift deed money transaction does not have to be reflected but in a registered sales deed, it is necessary to show that money has exchanged hands. If you are on the receiving side, any expert lawyer would tell you that you need to check whether all Title deeds, revenue records, and mutations are in your favor. A ‘Gift Deed,’ just stated, is a legal way of transferring an immovable asset to any relative or friend. Through a Gift Deed the transfer process is done without any exchange of money. However, it must be registered for it to become active. No transfer can be legally valid till a gift deed is registered. Understanding the process of Registration The process of registration […]

Read more

Property Search

January 10, 2019

People are often found to be in need of Property Management Lawyers to help them in India with land that they have either inherited or purchased. Whether there are issues related to ownership or resolution of some other such matter, people seek legal advice that could help them come up with feasible solutions. Ownership records are not always easy to trace out and often, the registry details have been either lost or not been recorded properly – hence they often feel the need of seeking advice. The single most important requirement is to have the status of the title clearly established through updated documents. In most cases these papers are either lost or have not been updated for a long time, resulting in damage to their property rights in India. In these matters, one has to be prepared that he will be faced with some common challenges. Even if all records are now visible online, the documentation is most often insufficient for them to get an in-depth view of their exact share or valuation. Online documents obtained are mostly in vernacular languages – understanding and translating them into English is a task in itself. The extent of share cannot be fully comprehended through any ownership document available online. For residential, commercial and urban the details are mostly not available online and have to be applied for and obtained manually. One would have to look for the desired information from the offices of the appropriately concerned authorities under which the registration has been done. If a fraud like illegal transfer or an invalid sale or exchange has been committed any time in the past, one needs to apply for the older record to verify how and when that fraud was committed. Such older documents are applied for and obtained through legal experts. Sometimes formal applications have to be made through property management lawyers under the Right to Information Act (RTI) to verify the accuracy of the papers. Friends and relatives cannot help much and even if they do assist you to procure some information you would still need experts to decipher, interpret and transmit the information in layman’s language. Another challenge that one faces in India is that most records have changed addresses and cannot be identified by the older addresses that clients have. A common problem is that registered sales deeds which are the primary document of the title are not available either with clients or cannot be found in the archives of the relevant offices or municipal authorities. A subsequent sequel to this is to go then through courts to establish Title Declaration. Everyone essentially seeks a soothing and efficient system – Somebody to relate to their issues, somebody to understand the nuances of both their needs and their limitations, somebody who just knows and does what needs to be done to facilitate the processes; somebody who can understand that it is not within their means or understanding to handle the required paperwork. Neither do they have the time, nor is it possible for them to travel back and forth to sort out such issues. Why our property management […]

Read more

Bankruptcy & Reorganization

September 9, 2016

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus tempor lacinia diam quis imperdiet. Proin vitae iaculis nisl. Cras eleifend quam lectus, sed bibendum libero convallis at. Nulla sagittis convallis neque at scelerisque. Pellentesque placerat bibendum magna, semper accumsan sem congue nec. Etiam viverra, ipsum vel suscipit varius, neque odio suscipit orci, et molestie metus mi a dui.

Read more

Corporate

September 9, 2016

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus tempor lacinia diam quis imperdiet. Proin vitae iaculis nisl. Cras eleifend quam lectus, sed bibendum libero convallis at. Nulla sagittis convallis neque at scelerisque. Pellentesque placerat bibendum magna, semper accumsan sem congue nec. Etiam viverra, ipsum vel suscipit varius, neque odio suscipit orci, et molestie metus mi a dui.

Read more

Real Estate

September 9, 2016

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus tempor lacinia diam quis imperdiet. Proin vitae iaculis nisl. Cras eleifend quam lectus, sed bibendum libero convallis at. Nulla sagittis convallis neque at scelerisque. Pellentesque placerat bibendum magna, semper accumsan sem congue nec. Etiam viverra, ipsum vel suscipit varius, neque odio suscipit orci, et molestie metus mi a dui.

Read more

Consumer Financial Services

September 9, 2016

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus tempor lacinia diam quis imperdiet. Proin vitae iaculis nisl. Cras eleifend quam lectus, sed bibendum libero convallis at. Nulla sagittis convallis neque at scelerisque. Pellentesque placerat bibendum magna, semper accumsan sem congue nec. Etiam viverra, ipsum vel suscipit varius, neque odio suscipit orci, et molestie metus mi a dui.

Read more

Immigration

September 9, 2016

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus tempor lacinia diam quis imperdiet. Proin vitae iaculis nisl. Cras eleifend quam lectus, sed bibendum libero convallis at. Nulla sagittis convallis neque at scelerisque. Pellentesque placerat bibendum magna, semper accumsan sem congue nec. Etiam viverra, ipsum vel suscipit varius, neque odio suscipit orci, et molestie metus mi a dui.

Read more