Legal Services for Non-Resident Indians

Legal Services for Non-Resident Indians: Understanding the Laws and Regulations
 
Legal services for NRIs are important for clearing the legal maze that is born out of the complex life of living abroad. NRIs constantly have to deal with various legal aspects that require them to understand Indian laws. This article deals with the major aspects of legal affairs that are relevant for NRIs. It sheds light on various laws that one must know before dealing with their affairs back home in India.

Contents

1.    Legal Services for Non-Resident Indians 
2.    Inheritance Laws 
3.    Family Matters: Divorce and Child Custody 
4.    Taxation

5.    Foreign Judgments 
6.    Legal Professionals Specializing in NRI Services

7.    Takeaway

Legal Services for Non-Resident Indians 
Property-related transactions and ownership are one of the prime aspects of NRI-related legal affairs. Real estate in India is a significant field that involves rigorous legal processes. Owning, selling, buying, renting, and exchanging of property are all governed by immense laws and regulations. The Foreign Exchange Management Act (FEMA) regulates property transactions by NRIs. It lays down stringent rules about the types of properties in which NRIs can purchase real estate in India. It also highlights the various modes of payment for the same. These provisions mentioned in FEMA are mandatory to be followed by NRIs to keep themselves away from potential legal hassles. In addition, not following rules and regulations under the act may make you vulnerable to legal action. Allowing out the legal restraints, NRIs while purchasing real estate in India have to also look into the Real Estate (Regulation and Development) Act, 2016 also known as RERA in short.

Inheritance Laws 
NRIs need to address critical aspects such as inheritance laws. The matters related to wills, probate, and intestate succession are governed under the provisions of the Indian Succession Act 1925. This act is applicable in matters relating to the Inheritance of Christians in India after the revolutionary judicial decision in Mary Roy vs the State of Kerala. NRIs should take measures to create a well-drafted will to specify how their assets in India should be distributed among heirs, to avoid potential disputes and ensure a smooth transaction. 

Family Matters: Divorce & Child Custody 
However, family matters, such as divorce and child custody, can become complex when one party is an NRI. Understanding the dominating and authoritative aspects of family law is equally important for NRIs facing legal challenges in India. A few legislations that are relevant and governing marriages, divorces, and other family matters for NRIs are The Hindu Marriage Act 1955, the Special Marriage Act, and the Foreign Marriage Act.

Taxation
NRIS must optimize and maintain its financial portfolios and comply with tax regulations. And for that NRIs must be well-versed in areas such as financial investments and taxation. The Income Tax Act, 1961, lays down the taxation rules for NRIs, including the taxation of income earned in India and remitted from abroad. 

CHAPTER XIIA of the Income Tax Act 1961, provides Special Provisions relating to the Incomes of Non-Residents. Section 115C defines "Convertible foreign exchange" by the Foreign Exchange Management Act, "Foreign exchange asset" which includes assets which the assessee has acquired or purchased with, "Investment income “which includes all income derived but which excludes dividends referred to in section 115-O from a foreign exchange asset.

Foreign Judgments 
The Code of Civil Procedure 1908 recognizes the law of foreign courts and helps the NRIs in the enforcement of judgments obtained through foreign courts and other relevant laws govern the recognition and enforcement of foreign judgments. Provided that foreign judgments neither should be against the principles of natural justice nor should have been founded on a breach of Indian law. The code further emphasizes how foreign judgments are also accepted as ‘res judicata’.

Legal Professionals Specializing in NRI Services 
The most important factor is that there are legal professionals specializing in NRI services who offer a wide range of solutions to address diverse legal challenges. These services include legal representation, document preparation, such as drafting and so on, and legal advisory that comply with Indian laws. These are designed stringently so that NRIs can benefit significantly from the expertise of lawyers who understand the nuances of cross-border legal matters and can provide solutions to meet the tailored needs of the people. 

It takes an experienced legal professional to provide help and guidance that is more personalized to ensure NRIs remain informed on the latest legal developments in the country, along with the evolving regulatory landscape, and more importantly in safeguarding the legal interests of NRIs.

Takeaway
The legal services for NRIs are not confined to dispute resolution or crisis management. NRIs encounter diverse legal challenges that demand specialized attention including the sectors of property transactions, family matters, taxation, and intellectual property, which also seeks the expertise of legal professionals well versed in NRI affairs, is not just a prudent choice but also a necessity to ensure that NRIs strive through the Indian legal landscape with confidence and compliance. As the global Indian market continues to grow, the role of legal services for NRIs becomes increasingly vital for facilitating seamless interactions with India while at the same time protecting their legal rights and interests, altogether.

In case of any query regarding Legal Services for Non-Resident Indians: Understanding the Laws and Regulations, feel free to connect with our legal experts Tulja Legal at +91 96380-69905

About the Author
Anju S Nair
Legal Researcher | LLB, MA English| Corporate Lawyer | Business Enthusiast | Founder & CEO at iLawbook.