We advise Non-Resident Indians and Overseas Citizens of India on various legal matters relating to matrimonial law, property law, inheritance and succession laws.

Purchase and sale of immovable properties by NRI/OCI.

Non-Resident Indians and Overseas Citizens of India, have a general permission granted by the Reserve Bank of India (RBI) under Foreign Exchange Management Act (FEMA) regulations to purchase residential and commercial properties in India.

However, they are not permitted to purchase agricultural land/plantation property/farm house in India.

NRI/OCI can, however, inherit immovable property including agricultural land/planation property/farm land from persons resident in India as well as persons resident outside India, as these are not considered acquisitions.  However, NRI/OCI who inherits such property from a person resident outside India should first ensure that the person resident outside India was in turn eligible to hold the said property under FEMA regulations.

NRI/OCI can also acquire immovable property by gift from a relative who is either resident in India or from another NRI or an OCI.  Who is a “relative” is defined under Section 2(77) of the Companies Act, 2013.

What funds can NRI/OCI use to acquire immovable property in India?

NRI/OCI can acquire immovable property in India out of funds received in India through normal banking channels by way of inward remittance.

If the NRI/OCI holds a NRE / FCNR (B) / NRO account, the funds held in such accounts can be utilized for the purchase of immovable property in India.

NRI cannot use foreign currency notes (cash) or traveler’s cheque to purchase immovable property in India.

An NRI who has purchased residential / commercial property under general permission is not required to file any documents with RBI.

An NRI who acquires property by inheritance or gift is not required to file documents with RBI of such inheritance/gift.  However necessary documentation needs to be maintained for proof of such inheritance/gift.

Sale or Transfer of immovable property by NRI/OCI.

NRI/OCI are free to sell or transfer their immovable property in India to persons resident in India or to NRI/OCI. However, NRI/OCI can sell their agricultural land/plantation property/farm house only to a person resident in India. 

Repatriation of Sale Proceeds

For Sale proceeds of immovable property purchased by NRI/OCI through inward remittance or debit to NRO/FCNR(B)/NRO account, the principal amount is permitted to be repatriated.

Repatriation of sale proceeds of residential property purchased by NRI/ PIO out of foreign exchange is restricted to not more than two properties.

Sale proceeds of immovable property inherited by or gifted to NRI/OCI must be credited to the NRO account alone.  However NRI/OCI is permitted to repatriate an amount not exceeding USD one million per financial year, subject to payment of applicable taxes.

Advice to NRIs relating to Matrimonial Laws.

Indian citizens often move to other countries to pursue their career and settle abroad.  In several cases they visit India briefly for solemnization of their marriage according to their religious customs and practices.  In some cases, the couple would have originally residing in India after their marriage and later move abroad together for work.

Indian citizens who are married in India are governed by the law relating to their religious beliefs.

Hindus are generally governed by Hindu law regarding their marriage and hence Hindu law governs the dissolution of the marriages, besides other disputes such as maintenance payable by one spouse to the other, when the marriage breaks down.  Civil marriages under the Special Marriage Act, 1954 are generally rare in India, unless it is an inter-religious marriage.

Divorce proceedings and dissolution of marriages

Dissolution of marriages solemnized in India, where the couple or one of them reside in India becomes complex and depends on various legal factors.

When both the parties to a Hindu marriage (which was solemnized in India) are domiciled in a foreign country, they have the option to move for dissolution of their marriage before the courts having jurisdiction based on their domicile (which generally means the place which a person has chosen as his/her permanent home irrespective of his citizenship).  They also have the option to approach the courts in India, seeking dissolution of their marriage, in which case the court situated in the place where their marriage was solemnized or the court situated at a place where they had last established their matrimonial home in India, will have jurisdiction.

However, where one party to a marriage returns to India or is ordinarily residing and domiciled in India, the issue of which court will have jurisdiction to entertain disputes regarding their marriage or the dissolution of their marriage becomes a complex legal issue. 

A foreign decree obtained by one party to a marriage (when the other party resides in India) will not be recognized by the courts in India unless it satisfies certain requirements as per Section 13 of the Civil Procedure Code, 1908.

Mutual Consent Divorce

Parties to a marriage can dissolve their marriage through mutual consent, provided they have lived together at least for a period of one year after solemnization of the marriage.

Where one of the parties to a marriage is unwilling to dissolve the marriage by mutual consent, legal proceedings can be initiated against the other seeking divorce on the grounds stipulated under law.

We advise on the legal intricacies on all aspects of matrimonial laws relating to Non Resident Indians

Other civil law disputes

We also advise and handle legal matters on all civil disputes faced by Non Resident Indians.

We can be reached on the contact details below for more information.