NRI Real Estate Lawyer in India for NRIs in the United States

Direct Indian immovable property (land, flats) is generally not a FATCA-reportable foreign financial asset. However, rental income from Indian property must be reported on your US federal tax return (Schedule E). Indian bank accounts NRO or NRE accounts used for rental income or property sale proceeds may be FBAR-reportable if the combined balance exceeds USD 10,000 at any point during the year. Missing FBAR (FinCEN 114) filings can result in severe penalties. VIVS Legal advises on structuring property transactions to minimise FBAR exposure and ensure proper income reporting in coordination with your US CPA. See our guide: FATCA, FBAR and Indian Property: What US-Based NRIs Must Know.

The India–USA Double Taxation Avoidance Agreement (DTAA) allows US-resident NRIs to claim a foreign tax credit on their US federal return for capital gains tax paid to the Indian government on a property sale. Without DTAA, you would effectively pay tax twice once in India and once in the USA. The credit mechanism under DTAA prevents this double tax burden, but it requires the Indian-side transaction to be correctly documented and the Indian TDS deducted at the applicable rate. VIVS Legal structures every Indian property sale with DTAA documentation in place and coordinates with your US CPA to ensure the credit is properly available and claimed. See: DTAA India–USA: Capital Gains Tax on NRI Property Sales Explained.

Yes. USA-based NRIs can file RERA complaints through an authorised Power of Attorney holder. Most RERA portals including MahaRERA, UP RERA, and Karnataka RERA allow PoA-based filings. VIVS Legal has handled RERA matters across multiple state authorities for NRI clients in the USA, pursuing full refunds with 10.75% p.a. statutory interest and compensation for delayed possession or builder fraud. The PoA is executed in the USA (Consulate or Notary + Apostille) and we handle all submissions, hearings, and enforcement from our Navi Mumbai office.

If the deceased died intestate (without a Will), you typically need a Succession Certificate from an Indian civil court and a mutation of the property records in your name with the local revenue authority or sub-registrar. If the deceased left a valid Will, a court probate or Letters of Administration may be required depending on the state and property type. VIVS Legal handles the full process succession certificate petition, court representation, mutation, and FEMA-compliant registration of your interest in the Indian property entirely through a Power of Attorney executed in the USA. No India visit required.

Encroachment of NRI-owned Indian property is unfortunately common the owner’s absence creates an opportunity that is quickly exploited by neighbours, relatives, or organised land grabbers. The legal routes include: (1) A civil suit for recovery of possession before the City Civil Court or District Court in the property’s jurisdiction. (2) An application before the Revenue Authority or Collector’s office in cases involving agricultural or revenue land. (3) FIR against the encroacher for criminal trespass where applicable. VIVS Legal initiates urgent proceedings via PoA as soon as we receive your instruction we have successfully recovered possession for US-based NRI clients across Maharashtra, Gujarat, Punjab, and Karnataka. The key is not to delay once encroachment is confirmed.

Yes. NRIs and OCI cardholders in the USA can freely purchase any number of residential and commercial properties in India without RBI approval provided the purchase is funded through inward remittances to an Indian NRE or NRO account, or out of funds already held in these accounts. Agricultural land, farmhouses, and plantation properties require prior RBI approval for NRIs and OCIs and cannot be purchased freely. VIVS Legal handles the full property purchase process for US-based NRIs title search, agreement, stamp duty, registration, and FEMA compliance via PoA, with no India visit required.

NRIs can repatriate up to USD 1 million per financial year from their NRO account this includes sale proceeds from Indian property, provided TDS has been correctly deducted and Form 15CA/15CB has been filed by an Indian Chartered Accountant. There is no cap on repatriation from NRE accounts, but property sale proceeds are typically received in NRO accounts first. VIVS Legal handles the full repatriation process Form 15CA/15CB coordination with our CA network, bank instruction letters, and wire transfer to your US bank account as part of every property sale transaction. See: How to Sell Indian Property from the USA Without Travelling to India.