NRI & Cross-Border Matters

Acquisition, ownership, sale and management of property in India by NRIs.

NRIs and OCI cardholders may acquire and transfer immovable property in India, other than agricultural land, plantation property or farmhouses, subject to FEMA regulations.

See also: Property, Real Estate & RERA.

Partition, possession and property disputes involving overseas owners.

Property disputes involving NRIs are decided under Indian law by courts in India, and matters are often conducted through duly executed powers of attorney.

See also: Property, Real Estate & RERA.

Wills, probate, succession and inheritance with an overseas element.

Succession to immovable property in India is generally governed by Indian law. Foreign wills and grants may raise questions of domicile and recognition.

See also: Wills, Probate, Succession & Inheritance.

Marriage, divorce and matrimonial disputes involving NRIs.

Matrimonial proceedings involving NRI spouses are governed by the applicable personal law or the Special Marriage Act, 1954, with questions of jurisdiction and service abroad.

See also: Family & Matrimonial Law.

Recognition of foreign divorce decrees and judgments in India.

Recognition of foreign judgments is governed by Section 13 of the Code of Civil Procedure, 1908 and judicial decisions on foreign matrimonial decrees.

See also: Family & Matrimonial Law.

Cross-border custody, guardianship and international family matters.

Indian courts decide custody on the welfare of the child as the paramount consideration. India is not a party to the Hague Convention on international child abduction.

See also: Family & Matrimonial Law.

Powers of attorney and documents executed abroad for use in India.

Documents executed abroad generally require attestation or apostille, and may need stamping in India within the prescribed period before use.

See also: Property, Real Estate & RERA.

NRE/NRO accounts, finance and financial disputes in India.

NRI banking and investment are regulated under FEMA and RBI directions. Disputes with lenders may involve banking and recovery law.

See also: Banking, Finance, DRT & SARFAESI.

Business, commercial and cross-border disputes with an Indian element.

Commercial disputes involving NRIs or foreign parties may be resolved in Indian courts, commercial courts or arbitration, depending on the contract.

See also: Corporate & Commercial Law.

Arbitration and dispute resolution in cross-border matters.

International commercial arbitration and the enforcement of foreign awards in India are governed by the Arbitration and Conciliation Act, 1996.

See also: Arbitration, Mediation & ADR.

Proceedings before Indian courts involving overseas parties.

Proceedings in Indian courts may involve service of summons abroad, participation through authorised representatives and, where permitted, video-conferencing.

See also: Civil Litigation & Court Proceedings.