Results for #NRI
Legal
#aunt#nri#process#poa#sell
Hi, we have a house which is joint-owned by my mother and my aunt who is a NRI. I wanted to know the process where my aunt can give POA to my mother, so that my mother can sell it.
Hi, we have a house which is joint-owned by my mother and my aunt who is a NRI. I wanted to know the process where my aunt can give POA to my mother, so that my mother can sell it.
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your aunt can execute a power of attorney before the Indian Embasy in the country where she resides and thereafter forward such power of attorney to your mother and who in turn can then have such POA adjudicated and pay stamp duty thereon and further have the same notarise before a notary public.
Legal
#nri#flat#certificate#letter#possession
I am an NRI and I own a flat in surat-gujarat. This flat was bought in 2003. I got a share certificate and an allotment letter. I also have the possession letter for this. We also got a loan from ICICI bank. During this we did not execute the sale deed. Now I wish to sell this property and the buyer is asking for a sale deed. What can I do in this situation?
I am an NRI and I own a flat in surat-gujarat. This flat was bought in 2003. I got a share certificate and an allotment letter. I also have the possession letter for this. We also got a loan from ICICI bank. During this we did not execute the sale deed. Now I wish to sell this property and the buyer is asking for a sale deed. What can I do in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague. As the same does not record from whom the flat has been acquired.
Legal
#nri#purchase#process#buying#property
What is the process of buying a property if you are an NRI?
What is the process of buying a property if you are an NRI?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The process for buying of properties by an NRI is same as that for resident Indians. The procedure for foreign nationals is differnet and requires permission of the RBI.
Legal
#nri#registration#nominee#documents#buying
Is it possible to nominate someone to sign the registration documents while buying a property if I am an NRI and not physically present in the Mumbai where the property is located ?
Is it possible to nominate someone to sign the registration documents while buying a property if I am an NRI and not physically present in the Mumbai where the property is located ?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The right to admit execution of a document before the registration authorities can be granted to someone by way of a Power of Attorney. An NRI can execute such Power of Attorney before the Indian embassy at the place where such NRI resides and forward such Power of Attorney to India for adjudication and payment of stamp duty and thereafter, such Power of Attorney can be used to admit execution ...
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Taxes & Duties
#rules#nri#sell#property#mumbai
I am a Captain in the Merchant Navy and as per Income tax rules I am an NRI. I wish to sell my property in Mumbai that is jointly owned by my wife and I, and invest the proceeds in another property. Is there any TDS to be deducted by the buyer in this situation?
I am a Captain in the Merchant Navy and as per Income tax rules I am an NRI. I wish to sell my property in Mumbai that is jointly owned by my wife and I, and invest the proceeds in another property. Is there any TDS to be deducted by the buyer in this situation?
Answered on November 08, 2017
The property is situtated in India and therefore capital gains tax will arise on this transaction. The buyer will have to deduct TDS as per provisions of section 195 of the Income Tax Act since you are NRI.
Legal
#nri#property#loan#selling
I am an NRI, I plan to jointly buy a property along with my father. The funding would be from a loan that I take and from the old property that we would be selling. Is it possible to buy a property in these circumstances? Also, could you guide us on the tax implication?
I am an NRI, I plan to jointly buy a property along with my father. The funding would be from a loan that I take and from the old property that we would be selling. Is it possible to buy a property in these circumstances? Also, could you guide us on the tax implication?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No harm in buying property in the manner suggested by you. There would not be captial tax implications if the property you intend to be is residential property and if all gains from selling of the earlier property are invested in buying of the new residential property .
NRI
#agreements#poa
If an NRI signs Loan Against Property agreements while being abroad, without the involvement of any notary, embassy or POA, are the agreements legally enforceable in India by any party?
If an NRI signs Loan Against Property agreements while being abroad, without the involvement of any notary, embassy or POA, are the agreements legally enforceable in India by any party?
Answered on November 08, 2017
No, these documents would not be enforceable in the courts of law in case of a dispute
Legal
#flat#construction#payment#paid#builder
We are planning to buy a flat that is under construction. The seller has completed the payment till 80% of the value and the other 20% is to be paid by the builder whenever it is due. The seller is an NRI and he has already furnished the power or attorney for this project. My queries is that Can the builder claim the 20% as this flat is being transferred (the amount is not due yet)? Also, what would be the taxes to be considered as the owner is an NRI, will I also have to deduct TDS?
We are planning to buy a flat that is under construction. The seller has completed the payment till 80% of the value and the other 20% is to be paid by the builder whenever it is due. The seller is an NRI and he has already furnished the power or attorney for this project. My queries is that Can the builder claim the 20% as this flat is being transferred (the amount is not due yet)? Also, what would be the taxes to be considered as the owner is an NRI, will I also have to deduct TDS?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Since there is balance amount to be paid under the agreement with the Builder, the NOC from the Builder will be required for concluding the sale. However, the Builder cannot demand the balance 20% amount if it is not due, merely because the buyer desires to sell the flat.
Legal
#nri#vacate#lease#process
I am an NRI and I wanted to know if I vacate my house which I had given on lease to an individual, the person has requested to extend the lease for more than once now. Also, is there is a fast track process for this in case of NRIs? Please let me know.
I am an NRI and I wanted to know if I vacate my house which I had given on lease to an individual, the person has requested to extend the lease for more than once now. Also, is there is a fast track process for this in case of NRIs? Please let me know.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Under the provisions of the Maharashtra Rent Control Act, 1999, a sepcial authority has been constituted to deal with the cases relating to disputes between a licensor and licensee in respect of residential properties with a mandate to decide such cases within a period of 6 months.
Legal
#nri#gifted#flat#delhi#registered
I am an NRI. My wife was gifted a flat in South Delhi by our in-laws during our wedding. This flat although is registered in my mother in laws name. Now I wish to transfer it to my wife's name with a goal of renting it and earning some money out of it. How can I get it transferred?
I am an NRI. My wife was gifted a flat in South Delhi by our in-laws during our wedding. This flat although is registered in my mother in laws name. Now I wish to transfer it to my wife's name with a goal of renting it and earning some money out of it. How can I get it transferred?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your mother in law can gift the same to your wife by way of a Gift Deed which will attract minimum stamp duty.
