More often than not, the NRIs come to India for completing their processes, which mostly relate to many legal issues. Usually, there are several legal problems that many NRIs face like property disputes, property transfers, partition of ancestral property, divorce, custody of children etc. NRIs are usually new to the India legal system, and thus need some trusted NRI legal advice in India.
There have been increased problems faced by the NRIs in India; law-related issues have been the most prominent among the others. Some of the legal services that NRI clients need are as follows:
Family Disputes and Child Custody
Because of family disputes, divorce and custody battles, innocent children get caught up in the psychological as well as legal warfare between both their parents. The custody of children is decided upon a non-negotiable “best interest & welfare” instrument that means that the parent given the custody will serve the child educationally, socially, emotionally, and medically. After marriage dissolution, child custody can be given as follows:
- Sole custody of the child - One parent gets the custody and the other is proved unfit.
- Joint physical custody of the child – The child resides with one parent physically, who will take care of him/her primarily, but both parents have the legal custody.
- 3rd-party custody – A 3rd person gets the custody from the court instead of the real/biological parents.
NRI Property Disputes
Transfer of property
- Property Transfer in India or the partition of ancestral property in India can happen either by inheritance through Will or natural succession.
- If owner is alive as well as consenting, he can gift through Gift Deed.
- Transfer can happen through regular buy & sell procedure, which is through the registered sale-deed.
- The difference between the gift deed and the registered sales-deed is as follows:
- In the gift deed, the transaction of money doesn’t have to be reflected
- However, in the registered sales-deed, it is mandatory to show the money exchanging hands
- If an NRI is on the receiving end, it is needed to check if all of the mutations, revenue records, as well as the Title deeds are in his/her favor.
- ‘Gift Deed’ is basically the legal way to transfer any immovable asset to any friend or any relative. Through a proper Gift Deed, the process of property transfer in India is done with no exchange of any money. But, it has to be registered for becoming active. No transfer will be valid legally until that gift deed gets registered.