NRI Advice

Unlike many other global immigrant communities, due to various factors, Indian immigrants

abroad have maintained deep ties with India. Increasingly, the generation that grew up in India

is giving way to a new generation of Indians who are born and/ or raised abroad, but are left

dealing with properties, assets, and in some cases business interests in India. Despite this

palpable demand (which will only increase as more Indians move abroad and as India grows),

the struggle to deal with property owned or inherited in India, whilst living abroad, is a

recurring issue for Non Resident Indians (NRIs), Persons of Indian Origins (PIOs), and

Overseas Citizens of India (OCIs) (collectively “immigrants”). Such people need help in

navigating these complex challenges in a holistic and personal manner. More awareness of

these issues and more knowledge on how to deal with them, would be beneficial to the Indian

diaspora.

Property Management – In many instances immigrants must deal with issues arising from investment or inherited property, such as illegal occupation by relatives or tenants, unauthorised encroachment and eviction of tenants. This may require services such as power of attorney registration and management, regular title and revenue record verification, steps to protect possession and in some cases issuing legal notices. They will also need assistance if they wish to sell immovable property, acquired either personally or through inheritance. Sale of immovable property also requires drafting of legal documents and registration of documents, which can be complex without the assistance of an expert. After sale, repatriation of proceeds can also be assisted, if needed.

Succession Planning – Immigrants also need advice for succession planning and require advice on getting probates and/or succession certificates issued. They may also be involved in inheritance disputes, which relate to ancestral property and will need advice on handling these disputes. Additionally, property owned in India will likely be included in a person’s global assets, and will bring implications of inheritance tax in the local jurisdiction where the immigrants are domiciled.

Tax Compliance – Whether the property is retained, divided, or sold, immigrants will have to be tax compliant in India and most likely in their domicile jurisdiction. This includes capital gains taxes, inheritance taxes, estate taxes, and rules regarding remittance of foreign currency from India. This is in addition to the more routine tasks of annual tax and other regulatory compliance that accompany the holding and maintenance of assets in India.

Litigation and Dispute Resolution – It is inevitable that immigrants need assistance with litigation and dispute resolution in India. This can occur in various circumstances, ranging from family property disputes, partition suits, illegal possession, and trespass claims. This may require representation in courts, by engaging and instructing Advocates.

Management of Business Interests – Last but not least, immigrant communities are also looking inwards to India with its increasing opportunities for wealth creation. Thus, there is an interest in actively maintaining businesses in India. This needs timely, expert legal intervention.