52 Gates Legal, through its network of experts, provides legal services to Non-Resident Indians living in the United Kingdom and the Middle East on real estate matters, family disputes, criminal and civil litigation, cross-border commercial transactions and Indian immigration law. From our office in Banjara Hills, Hyderabad, we act for clients who cannot be in India in person.
An NRI does not usually need to travel to India for every step. Most matters can be handled through a power of attorney given to a trusted relative or representative. A power of attorney signed abroad generally needs to be attested at the Indian embassy or consulate, or notarised and apostilled as applicable, and then stamped in India after it arrives. We advise on the correct wording and scope, since a document that is too wide or wrongly executed can itself cause disputes. Courts may also permit appearance or evidence by video conference in suitable cases.
Many NRI matters concern land, flats or ancestral property in Hyderabad and across Telangana. Common situations include a property being occupied or sold without consent, relatives refusing to divide inherited property, tenants not vacating, and uncertainty about title before buying. Indian foreign exchange rules also set conditions on what an NRI may buy, such as restrictions on agricultural land, and on taking sale proceeds out of India. Checking these points before a transaction is far easier than correcting them later.
Where spouses live in different countries, questions arise about which country’s courts can hear the case and whether a foreign order will be recognised in India. Recognition depends on conditions laid down in Indian law, so it is sensible to take Indian advice before or alongside proceedings abroad.
For a first discussion it helps to have copies of the property or family documents concerned, your passport and OCI or visa details, any power of attorney already given, earlier court papers or notices, and a short written timeline. Documents can be shared by email, and consultations can be held by phone or video call across time zones.
Do I have to come to India to file or defend a case?
Often not. A properly executed power of attorney allows your representative to sign and file papers, and your personal presence is needed only at specific stages, if at all.
Can I sell or transfer inherited property while living abroad?
Generally yes, through a power of attorney, once title and the shares of all legal heirs are clear. Tax and foreign exchange rules on sending the proceeds abroad also need to be followed.
Someone has occupied my property in India. What can be done?
The remedy depends on the facts: it may be a civil suit for possession and injunction, a complaint to the authorities, or both. Acting early, with documents of title in hand, is important.
Our connection with London-based 52 Gates Strategy Consulting and associate offices in the Gulf helps us support clients on both sides of a matter. For property-specific work, see Real Estate Law.
This page provides general information only and is not legal advice. Please contact us to discuss your specific matter.