Advice on property laws concerning foreigners.

kc2 · Mar 20th, 2007, 23:29

Married to an Indian, he passed and he requested that the property go to me and his son. His mother has put the property in my name. What is the next step?

I would appreciate any advice concerning the laws in India concerning foreigners owning land.

capt_mahajan · Mar 20th, 2007, 23:46

err, I dont know inheritance laws, but one comment

as far as I know, for the mother to transfer the property to your name, the property must be in her name to begin with or you must be present/have signed registration and other legal papers...

I suppose you have.

crvlvr · Mar 20th, 2007, 23:49

From http://www.rbi.org.in/scripts/FAQView.aspx?Id=33

Quote:

Q.10. Whether a non-resident can inherit immovable property in India?

A.10. Yes, a person resident outside India i.e.

i) an NRI
ii) a PIO and
iii) a foreign national of non-Indian origin can inherit and hold immovable property in India from a person who was resident in India. However, a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan should seek specific approval of Reserve Bank.

Nick-H · Mar 21st, 2007, 00:19

kc2... very sorry to hear of the loss of your husband.

Strongly suggest that, as well as working closely with family members and whoever is the executor of your husband's estate, that you talk to a lawyer in India.

kc2 · Mar 21st, 2007, 00:24

Thanks for the information, just found out tonight that I inherited the property. Plan on making sure the title is proper before leaving. Always good to have India Mikers to help you think it out~!

Thanks!

kc2 · Mar 21st, 2007, 00:28

Any recommendations finding a lawyer, my experiences with them in India have not been so good, a lot of Baksheesh, visits to thier homes etc. I am in Rajasthan and the border at that.

Thanks Nick for the condolences, first time back without him and I must say its a different world.

kama · Mar 21st, 2007, 00:32

hi , im a lawyer practicing in delhi high court and other courts. i have a lot of experience in handling property matters. yopu can contact me on my e-mail- soodanshuman@hotmail.com.

regards

capt_mahajan · Mar 21st, 2007, 00:35

edit: cross posted with kama

kc2, did not realise earlier... my condolences.

yes, it will be different. i can only suggest you do what you think is right.

Second Nicks suggestion, as strongly.

about the lawyer... if you are in a small place, it may be a problem. Consider getting a recommended lawyer in a larger city, Jaipur or even Delhi. Unless there are complications things should be straightforward. You will need advice on transfer of property to your name and repatriation of sale money (if applicable) too.

abfab · Mar 21st, 2007, 00:42

Quote:

Originally Posted by kc2

Married to an Indian, he passed and he requested that the property go to me and his son. His mother has put the property in my name. What is the next step?

I would appreciate any advice concerning the laws in India concerning foreigners owning land.

Did he leave a will?

If not, then it gets complicated because as far as I'm aware you need a judge to rule that you are the true and only heirs to the property. I think you have to show that you have attempted to find if any other heirs exist.

As someone else has said, his mothers involvement sounds very strange!

I personally would see a Lawyer in india ASAP.

crvlvr · Mar 21st, 2007, 00:45

lawyer? why? do you really need a lawyer? Unless there is a dispute, avoid them if you can. Paying a few bucks to the clerk in the govt office is usually far more effective.

capt_mahajan · Mar 21st, 2007, 00:55

crvlvr, I think she needs a lawyer, because she's a foreigner with not much of an idea about Indian law and because she needs to protect her interests. How, for example, can she be sure the property is in her name without good legal advice?

I would even suggest a lawyer to an Indian lady under similar circumstances. A few thousand rupees is worth the peace of mind.

crvlvr · Mar 21st, 2007, 01:14

I assumed the Mother in Law was looking out for her, but putting the property in her name etc. But, Capt's right, I could be wrong.

tacita · Mar 21st, 2007, 01:16

please accept my condolences for your loss.

i agree that getting a lawyer is a good idea, but caution against accepting any direct referrals/solicitations from this or any other website without adequate research. a personal referral is always best, if you can get one.

crvlvr · Mar 21st, 2007, 01:21

kc2, in addition to wonership laws, you may want to research tenants's rights, squatters rights etc. In India, as in most countries, possession is 9/10ths of the law. If you are going to be an absentee owners, even with all the legal documents in order, your property can be usurped by squatters.

abfab · Mar 21st, 2007, 01:32

Quote:

Originally Posted by crvlvr

I assumed the Mother in Law was looking out for her, but putting the property in her name etc. But, Capt's right, I could be wrong.

I don't think she could even do this legally.

Even if she could, Im sure it will need an application to the Reserve Bank of India for permissions and such.

Mar 20th, 2007, 23:29	#1
kc2 Member Join Date: Dec 2005 Location: Nashville, TN Posts: 25	Advice on property laws concerning foreigners. Married to an Indian, he passed and he requested that the property go to me and his son. His mother has put the property in my name. What is the next step? I would appreciate any advice concerning the laws in India concerning foreigners owning land.

Mar 21st, 2007, 00:19	#4
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,773	kc2... very sorry to hear of the loss of your husband. Strongly suggest that, as well as working closely with family members and whoever is the executor of your husband's estate, that you talk to a lawyer in India. __________________ . Just one member of the IndiaMike Mod Team

Mar 21st, 2007, 00:32	#7
kama Member Join Date: Nov 2004 Location: delhi Posts: 9	hi hi , im a lawyer practicing in delhi high court and other courts. i have a lot of experience in handling property matters. yopu can contact me on my e-mail- soodanshuman@hotmail.com. regards

Mar 21st, 2007, 01:16	#13
tacita Maha Mutant Member Join Date: Dec 2006 Location: Gotham Posts: 1,413	please accept my condolences for your loss. i agree that getting a lawyer is a good idea, but caution against accepting any direct referrals/solicitations from this or any other website without adequate research. a personal referral is always best, if you can get one. __________________ Life is either a daring adventure, or nothing. ~Helen Keller

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Mar 20th, 2007, 23:46	#2
capt_mahajan (in charge of navel affairs) Join Date: Sep 2005 Location: India Posts: 10,101	err, I dont know inheritance laws, but one comment as far as I know, for the mother to transfer the property to your name, the property must be in her name to begin with or you must be present/have signed registration and other legal papers... I suppose you have.

Mar 21st, 2007, 00:24	#5
kc2 Member Join Date: Dec 2005 Location: Nashville, TN Posts: 25	Thanks for the information, just found out tonight that I inherited the property. Plan on making sure the title is proper before leaving. Always good to have India Mikers to help you think it out~! Thanks!

Mar 21st, 2007, 00:28	#6
kc2 Member Join Date: Dec 2005 Location: Nashville, TN Posts: 25	Any recommendations finding a lawyer, my experiences with them in India have not been so good, a lot of Baksheesh, visits to thier homes etc. I am in Rajasthan and the border at that. Thanks Nick for the condolences, first time back without him and I must say its a different world.

Mar 21st, 2007, 00:35	#8
capt_mahajan (in charge of navel affairs) Join Date: Sep 2005 Location: India Posts: 10,101	edit: cross posted with kama kc2, did not realise earlier... my condolences. yes, it will be different. i can only suggest you do what you think is right. Second Nicks suggestion, as strongly. about the lawyer... if you are in a small place, it may be a problem. Consider getting a recommended lawyer in a larger city, Jaipur or even Delhi. Unless there are complications things should be straightforward. You will need advice on transfer of property to your name and repatriation of sale money (if applicable) too.

Mar 21st, 2007, 00:45	#10
crvlvr Guru Join Date: Sep 2004 Location: Hollywood Posts: 4,474	lawyer? why? do you really need a lawyer? Unless there is a dispute, avoid them if you can. Paying a few bucks to the clerk in the govt office is usually far more effective.

Mar 21st, 2007, 00:55	#11
capt_mahajan (in charge of navel affairs) Join Date: Sep 2005 Location: India Posts: 10,101	crvlvr, I think she needs a lawyer, because she's a foreigner with not much of an idea about Indian law and because she needs to protect her interests. How, for example, can she be sure the property is in her name without good legal advice? I would even suggest a lawyer to an Indian lady under similar circumstances. A few thousand rupees is worth the peace of mind.

Mar 21st, 2007, 01:14	#12
crvlvr Guru Join Date: Sep 2004 Location: Hollywood Posts: 4,474	I assumed the Mother in Law was looking out for her, but putting the property in her name etc. But, Capt's right, I could be wrong.

Mar 21st, 2007, 01:21	#14
crvlvr Guru Join Date: Sep 2004 Location: Hollywood Posts: 4,474	kc2, in addition to wonership laws, you may want to research tenants's rights, squatters rights etc. In India, as in most countries, possession is 9/10ths of the law. If you are going to be an absentee owners, even with all the legal documents in order, your property can be usurped by squatters.

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