NRI & OCI lawyer for Tamil Nadu property and family matters

Not under the general FEMA permission. NRIs and OCIs may purchase residential and commercial property, but agricultural land, plantation property and farmhouses are excluded. Inheritance is treated differently. Check FEMA residence, the land category and any additional restrictions before paying an advance.

Yes. FEMA permits an eligible OCI to inherit immovable property, including agricultural land, from a resident, or from a non-resident whose acquisition complied with the applicable foreign-exchange law. Succession entitlement, title and restrictions affecting the particular land must still be checked.

Often, a properly drafted and authenticated power of attorney allows an authorised person to execute and present the sale deed. We check the property, your authority, stamping and registration requirements before execution. No-travel completion cannot be promised for every transaction.

An ordinary co-owner generally transfers their own undivided interest, not another owner’s interest without authority. A sale purporting to cover your share needs examination of title, any power of attorney and the capacity in which the seller acted. Send the deed or proposed transaction promptly so we can assess a challenge or interim protection.

First settle the wording and intended use in Tamil Nadu. Depending on the country and applicable route, execution and authentication may be before an Indian consular officer or a competent overseas notary, with apostille or legalisation where applicable. Do not assume notarisation, apostille, consular authentication, stamping and registration are interchangeable.

Section 17(1)(h) of the Registration Act, as amended in Tamil Nadu, excludes instruments executed outside India from that clause’s compulsory-registration requirement. The instrument must nevertheless satisfy applicable authentication, stamp-duty and transaction requirements. Its wording and the act the agent will perform need review.

Section 18 of the Indian Stamp Act generally permits a qualifying instrument executed wholly abroad to be stamped within three months after first receipt in India. Keep proof of receipt. Applicable Tamil Nadu duty and the appropriate stamping or adjudication procedure must be checked before use. This is not a registration deadline.

Do not apply the resident-seller 1% rule. Non-resident withholding depends on the sum chargeable, the applicable rates, surcharge and cess, and any valid lower or nil deduction certificate. The general basic long-term capital-gains rate is 12.5%, but final capital-gains tax and the buyer’s withholding obligation are separate calculations. Arrange a transaction-specific tax review before any credit or payment.

Eligible NRO balances and sale proceeds may use the USD 1 million per financial year remittance-of-assets facility, subject to documents and tax compliance. Qualifying foreign-exchange-funded purchases have a separate repatriation route, with a two-property restriction for residential property under that route. These are not one universal limit. The authorised dealer bank checks the applicable route.

Potentially, yes. The governing marriage law, domicile where relevant, jurisdictional facts and existing proceedings must be examined first. A court may allow specified steps by video conference, but personal appearance or evidence may still be required. Your overseas address alone does not decide where a petition can be filed.

Recognition is assessed under Indian law, including section 13 CPC and the principles in Y. Narasimha Rao v. Y. Venkata Lakshmi. Jurisdiction, the ground of divorce, service, merits, natural justice, fraud and the respondent’s submission or consent matter. The judgment recognises exceptions; neither participation alone nor the label “ex parte” decides every case. Obtain advice on the actual decree before relying on it.

Ask the office for the applicable consultation fee and available appointment times. Begin with the issue, property or court location, country, time zone, key dates and relevant scans. We identify additional documents, confirm scope and explain professional fees and separate expenses before further work. Agree a suitable channel before sharing passport, OCI, PAN or other sensitive identity records.