Cross-Border Legal Services for NRIs
Cross-border legal representation for non-resident Indians — property, succession, matrimonial, and litigation support handled remotely with full power-of-attorney execution.
Legal services for non-resident Indians in Mumbai cover power of attorney drafting, property transactions and disputes, succession and probate, matrimonial matters with foreign jurisdictional elements, and compliance under the Foreign Exchange Management Act, 1999 (FEMA) and the Income Tax Act, 1961. Representation is typically through a duly executed and apostilled power of attorney enabling proceedings to continue without the NRI's physical presence in India.
Overview
K. H. Giri & Associates supports non-resident Indians (NRIs), persons of Indian origin (PIOs), and overseas citizens of India (OCIs) on a wide range of legal matters that require local representation in Mumbai and across Maharashtra. Distance, time zones, and the practical difficulty of travelling to India for hearings or registration formalities make legal work for NRIs uniquely challenging. Our cross-border practice is built around remote-friendly workflows — secure document exchange, video consultations, and properly executed powers of attorney — so that our clients abroad can act decisively without flying back for every step.
Most of our NRI clients come to us with disputes over ancestral property, illegal occupation by tenants or relatives, stalled real-estate purchases, succession and probate matters, matrimonial disputes governed by Indian law, and the unwinding of legacy investments. We combine subject-matter depth across these areas with sensitivity to the cross-border dimension — FEMA compliance, repatriation of sale proceeds, NRO/NRE banking, tax withholding under Section 195, and apostille / consular legalisation of documents executed abroad.
What We Handle
- Property recovery — illegal possession, encroachment, partition of ancestral property, and eviction of unauthorised occupants
- Drafting, attestation, and registration of General and Special Powers of Attorney executed before Indian consulates or apostilled abroad
- Sale, purchase, and gifting of immovable property in India in compliance with FEMA and RBI regulations, including repatriation of sale proceeds
- Succession, probate, letters of administration, and obtaining legal heir / succession certificates for assets situated in India
- Matrimonial proceedings — divorce, maintenance, child custody, and recognition of foreign divorce decrees under Section 13 of the Civil Procedure Code
- RERA complaints filed remotely on behalf of NRI homebuyers against developers in Maharashtra
- Civil and commercial litigation, including recovery suits and contractual disputes where the client is based overseas
- Criminal complaints, cheque dishonour proceedings under Section 138 NI Act, and assistance with FIRs and bail applications for NRI clients
- Coordination with chartered accountants on TDS under Section 195, lower-deduction certificates under Section 197, and DTAA benefits
- Document services — apostille, consular attestation, notarisation, and Indian re-execution of foreign-executed instruments
Our Approach
We begin every NRI engagement with a structured intake — verifying the client's status, the documents available abroad, and the realistic objectives of the matter. We then design a representation plan that minimises the client's need to travel. A correctly drafted Special Power of Attorney, executed before the Indian consulate or apostilled under the Hague Convention, lets us appear, sign, register, and recover on the client's behalf for the specific mandate granted.
We schedule consultations across time zones, share filings and orders through secure channels, and provide written updates after every material development so our clients can make informed decisions without chasing us for status. Where the matter involves remittance of funds out of India, we coordinate with the client's banker and chartered accountant to ensure full FEMA and tax compliance from the first transaction.
Key Legal Provisions
- Foreign Exchange Management Act, 1999 (FEMA) — acquisition and transfer of immovable property in India by NRIs and PIOs
- RBI Master Direction on Acquisition and Transfer of Immovable Property under FEMA
- Section 13, Civil Procedure Code, 1908 — recognition and enforceability of foreign judgments in India
- Section 195, Income Tax Act, 1961 — TDS on payments to NRIs and procedure for lower / nil deduction certificates
- Indian Succession Act, 1925 — probate, letters of administration, and succession to assets situated in India
- Power of Attorney Act, 1882 and the Hague Apostille Convention, 1961 — execution and legalisation of POAs abroad
- Hindu Marriage Act, 1955 and Special Marriage Act, 1954 — matrimonial remedies available to Indian citizens living abroad
Frequently Asked Questions
- How can an NRI grant a power of attorney to represent them in Mumbai?
- An NRI executes a Special or General Power of Attorney before the Indian Consulate or Embassy in their country of residence, or before a local notary followed by apostille under the Hague Convention, 1961. On arrival in India the POA must be stamped under the Maharashtra Stamp Act, 1958 within three months. The attorney named in the POA may then sign documents, file proceedings, and appear in court within the scope granted.
- Can an NRI buy or sell property in India and what are the FEMA restrictions?
- Under FEMA Notification No. FEMA 21(R)/2018-RB, an NRI may purchase any immovable property in India other than agricultural land, plantation property, or farmhouse. Sale proceeds of property purchased while resident can be repatriated subject to the limits and conditions specified by the Reserve Bank of India. Form 15CA and 15CB filings under the Income Tax Act are required for repatriation. Inheritance from a person resident in India is unrestricted.
- Which Indian court has jurisdiction over an NRI matrimonial dispute?
- Under Section 19 of the Hindu Marriage Act, 1955 and equivalent provisions in other personal laws, a petition may be presented to the district court within the local limits of whose jurisdiction the marriage was solemnised, the respondent resides, the parties last resided together, or the petitioner is residing if the respondent is outside India. The Family Court at Bandra commonly exercises jurisdiction where the marriage was registered or solemnised in Mumbai.
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