Search this article on Google: What are the key legal provisions related to NRI Legal Services practice area in India?
Non-Resident Indians (NRIs) often face numerous legal issues pertaining to their properties, financial transactions, and familial affairs in India. Understanding these legal provisions can be daunting due to their inherent complexity, varied enforcement, and jurisdictional considerations. SimranLaw, a premier law firm based in Chandigarh, India, offers expert insights into the key legal provisions related to the NRI legal services practice area in India.
1. Real Estate & Property Laws:
Property-related cases form a significant part of the legal issues faced by NRIs. The Transfer of Property Act, 1882 governs these matters, allowing NRIs to buy, sell or transfer ownership of immovable property in India.
One significant case is “Ramniklal N. Bhutta vs State Of Maharashtra & Others” (1997) where the court held that an NRI could legally acquire agricultural land from inheritance, but he/she is not allowed to buy such land as per Foreign Exchange Management Act (FEMA), 1999.
2. Financial & Taxation Laws:
As per the Indian Income Tax Act, 1961, NRIs are liable to pay taxes in India on income that arises or accrues here. However, bilateral Double Taxation Avoidance Agreements (DTAAs) can provide relief.
The FEMA also governs the repatriation of the sale proceeds of an inherited property by an NRI. In the case of “Dr. Ashok L. Sancheti vs Assistant Director Of Enforcement” (2009), the Supreme Court emphasized that violation of FEMA provisions can lead to serious penalties.
3. Matrimonial & Family Laws:
NRIs can face complex legal challenges with respect to matrimonial disputes, child custody cases, and maintenance issues. The Indian judiciary has tried hard to protect the rights of women in such matters.
For instance, in the landmark judgment “Neeraja Saraph vs Jayant V. Saraph” (1994), the Supreme Court recognized the hardships faced by women deserted by their NRI husbands and proposed the amendment of marriage laws for their protection.
Another notable case is “Arathi Bandi vs Bandi Jagadrakshaka Rao” (2013), where court held that if a foreign court’s custody order would breach the principle of comity and violate Indian laws, then Indian courts could disregard it.
4. Succession & Inheritance Laws:
Succession laws apply uniformly to NRIs as they do to all other Indian citizens, as governed by the Hindu Succession Act, 1956 or Indian Succession Act, 1925.
In the case of “Shabnam Hashmi vs Union Of India & Others” (2014), the Supreme Court declared that any person irrespective of nationality or religion could legally adopt a child under the Juvenile Justice Act. This case empowered NRIs aspiring to adopt children from India.
Understanding these legal complexities often requires professional help. SimranLaw, with its experienced team of lawyers specializing in NRI legal services, plays an instrumental role in helping NRIs navigate through these intricate laws.
Their vast experience and clear understanding of varying situations ensure that no stone is left unturned while defending or fighting a case for an NRI client. Their expertise not only includes providing advice on property, financial, matrimonial and inheritance laws but also extends to areas like foreign direct investment (FDI) laws and company registration services for NRIs wishing to start a business in India.
Legal complexities should not deter NRIs from exercising their rights or fulfilling their obligations in India. With specialized law firms like SimranLaw offering dedicated services for NRIs, the path to justice becomes smoother and more accessible.