NRIs and OCI cardholders can own, inherit, let, sell and litigate over property in India from abroad. Most work runs through a special power of attorney signed before a notary in your country and apostilled or attested by the Indian mission. Under FEMA, NRIs and OCI cardholders may buy residential and commercial property but not agricultural land, plantation property or a farmhouse, though they can inherit any property. Disputes go to civil courts, revenue officers, the police or RERA, depending on the problem.
The problems owners abroad usually face
Property held by someone who lives outside India tends to run into the same handful of problems, and each one has a different remedy:
- Someone else is in possession. A caretaker, tenant, relative or neighbour stays on and begins to behave like the owner. See encroachment and illegal possession and tenant eviction.
- Family property is not being shared. Siblings in India collect rent or farm the land and resist a division. See partition of family property.
- Title is under attack. A forged sale deed, a fake power of attorney or a wrong revenue entry puts your ownership in doubt.
- A builder has failed to deliver. Delayed flats and refused refunds usually go to RERA rather than a civil court.
- You want to buy or sell. The transaction itself is routine, but title checks, FEMA rules and TDS make it riskier from a distance.
What can be done from abroad and what needs travel
Almost every property matter can be started and run without you in India. You sign a special power of attorney where you live, it reaches India, and it is stamped within three months of arrival under the Indian Stamp Act. Your attorney holder then signs and files on your behalf, and our team attends the court, the sub-registrar or the revenue office.
Travel is usually needed only in three situations: when a court insists on your personal evidence and will not allow a video link or commission, when a sub-registrar requires the owner in person for a particular deed, and when a settlement is better negotiated face to face. Even then, a single planned visit is normally enough if the paperwork is prepared in advance.
Two FEMA points matter throughout. NRIs and OCI cardholders cannot buy agricultural land, plantation property or a farmhouse, although they can hold such property by inheritance. Sale proceeds can be repatriated within the limits set by the RBI, and the buyer must deduct tax at source on a sale by a non-resident.
Choosing the right forum
The same facts often support more than one route. Dispossession within the last six months can be reversed by a summary suit under section 6 of the Specific Relief Act, 1963, without proving title. Older occupation needs a regular suit for possession. A forged sale deed calls for a civil suit to cancel the deed and a criminal complaint against the forger, run side by side. Revenue entries are corrected before the revenue officer, not the civil court. Choosing the wrong forum can cost years, so we look at your documents and the timeline before recommending a step.
Before any purchase, a title search covering the past thirty years and the approvals for the building is the cheapest protection available.
How we work on property matters from India
Once the power of attorney is in India, our team does the legwork: obtaining certified copies of revenue records and registered deeds, inspecting the site with your attorney holder, sending legal notices, filing police complaints and attending court and sub-registrar dates. You receive photographs, copies and a written note after each step, and we agree the next step with you on a video call at a time that suits your time zone.
Which service do you need?
| Your situation | Service |
|---|---|
| A relative, neighbour or caretaker has taken over your property | Encroachment & Illegal Possession |
| Your tenant has stopped paying or will not leave | Tenant Eviction |
| Siblings are not sharing ancestral property or rent | Partition of Family Property |
| A forged deed, title fight or boundary dispute | Property Disputes |
| You want to buy or sell a flat or plot in India | Buying & Selling Property |
| You want the title checked before paying | Title Search & Due Diligence |
| Your builder has delayed possession or refused a refund | Builder Delay & RERA |
All NRI property law services
Property Disputes
Title, boundary, family and fraud disputes over property in India, run from abroad.
Learn moreEncroachment & Illegal Possession
Removing trespassers, caretakers and relatives who will not vacate.
Learn morePartition of Family Property
Your share in ancestral and jointly owned property, by settlement or suit.
Learn moreBuying & Selling Property
Purchases and sales completed through an attorney holder, with title checks and tax.
Learn moreTitle Search & Due Diligence
Thirty-year title search and approvals check before you pay.
Learn moreTenant Eviction
Eviction, rent recovery and tenancy documents for landlords overseas.
Learn moreBuilder Delay & RERA
Refund, interest and possession claims against builders, filed online.
Learn moreFrequently asked questions
Can an OCI cardholder own property in India?
Yes. OCI cardholders can buy residential and commercial property and can inherit any property. They cannot buy agricultural land, plantation property or a farmhouse, except by inheritance.
Do I have to travel to India for a property case?
Usually not. A special power of attorney signed abroad lets someone in India act for you, and many courts allow evidence by video link or through a commission. Some matters still need one visit.
Who should I appoint as my attorney holder?
Someone you trust who has no interest in the property, such as a close relative not involved in the dispute or a professional. The power should be specific to the property and the proceedings.
How quickly must I act if someone occupies my property?
As soon as you find out. A summary suit for possession is available only within six months of dispossession, and long, open occupation can weaken your position over time.
Can I sell inherited property while living abroad?
Yes, once the property is recorded in your name through mutation and, where needed, probate or a succession document. The sale can then be completed through your attorney holder.
Do you handle property outside Punjab?
Our office is in Mohali, but we act on property matters across India, working with local counsel where a matter is in a distant court, with your consent.