Your Trusted Legal Counsel in India — From Anywhere in the World

Most NRI clients assume they must fly to India to pursue a property, matrimonial or succession matter. In practice, very little of a case requires your physical presence. What it requires is a correctly drafted power of attorney, an advocate who appears on your behalf, and a clear record of instructions so that nothing is decided without your approval. This page sets out how the chamber handles a matter end to end when the client is in the United States, the United Kingdom, the Gulf, Singapore or Australia.

Step one: the power of attorney, executed correctly

The single most common reason an NRI case stalls is a defective power of attorney. A general power of attorney signed in your country and couriered to India is usually not enough for a court, a registrar or a bank. The document must be executed before the Indian embassy or consulate, or apostilled if your country is a party to the Hague Apostille Convention, and it must be adjudicated and stamped in India under the Indian Stamp Act. Where the power of attorney deals with immovable property, registration under Section 17 of the Registration Act, 1908 is required. A power of attorney that skips these steps is likely to be rejected at the filing counter, which costs weeks.

The chamber drafts the power of attorney text, sends it to you for execution, and checks it against the specific court or authority before it is used. For property matters the drafting has to name the exact survey number, the nature of the power granted, and whether the attorney can sell, mortgage or only represent in litigation. A power drafted too broadly is challenged by the other side; one drafted too narrowly cannot be used for the settlement you actually need.

Step two: filing and virtual appearance

Once the power of attorney is in place, the petition or plaint is drafted and filed. The Calcutta High Court and the district courts in West Bengal permit video conferencing appearances under the e-courts framework, and several tribunals do the same. Your advocate appears; you join by video where the court directs it or where your evidence is being recorded. For most interlocutory hearings, your presence is not needed at all. For a deposition or a cross-examination, the court may require you to appear virtually, and the chamber arranges the link, the timing and the documents in advance.

Where the matter is before a tribunal that still insists on physical appearance, the chamber tells you at the outset rather than after the summons. That is one of the reasons the first consultation includes a realistic assessment of which hearings will need you and which will not.

Step three: money, FEMA and the paper trail

An NRI purchasing or selling Indian property works within the Foreign Exchange Management Act, 1999 and the RBI master directions. Residential and commercial property can be purchased, but agricultural land, plantation property and farmhouses cannot. Payment must come through an NRE, NRO or FCNR account, not through cash or an informal transfer. On a sale, tax is deducted at source under Section 195 of the Income-tax Act, 1961 at the applicable rate unless a lower-deduction certificate under Section 197 is obtained in advance. Repatriation of sale proceeds is permitted for up to two residential properties, subject to the conditions in the master directions. Getting these steps wrong creates a tax demand that is far more expensive than the legal fee for doing it correctly.

Step four: succession and inheritance across borders

When an NRI inherits Indian property, the route depends on whether there is a will. With a will, probate is required in West Bengal for wills relating to immovable property situated in the state, and the petition is filed before the Calcutta High Court or the district court with jurisdiction. Without a will, a succession certificate under the Indian Succession Act, 1925 is usually needed to deal with the deceased's movable assets, and a declaration of heirship or a partition suit may be needed for immovable property. The applicable personal law matters: the Hindu Succession Act, 1956 for Hindus, the Indian Succession Act for Christians and Parsis, and Muslim personal law for Muslims. Each route has a different document set and a different timeline, and the choice is made after reviewing the family tree and the records.

What to send before the first consultation

• A short chronology in date order: what was signed, paid, received or filed, and when.
• Copies of the title deed, sale agreement, will, or the court order already passed.
• Any notice received, with the date of receipt, because reply deadlines are usually the urgent part.
• Your passport and visa or residence status, which affects FEMA and succession questions.
• Names and relationships of all legal heirs, and whether any of them live outside India.
• Correspondence with the other side or with the builder, bank or society, however informal.

Documents can be sent by email or WhatsApp ahead of the meeting so that the papers are read before you speak. Nothing is filed and no settlement is accepted without your written instructions. Request a consultation and the chamber will confirm what is needed for your matter.