Property, succession, Power of Attorney, FEMA compliance and estate administration — handled entirely by remote instruction where physical presence is not required.
NRI | OCI | FEMA | Indian Succession Act | RERAQuick Summary
NRIs and OCI holders managing property, succession, and legal matters in Kerala operate under Indian law regardless of country of residence. Property transactions are governed by the Transfer of Property Act, 1882 and the Registration Act, 1908. NRI remittances and sale proceeds are regulated by FEMA, 1999 and RBI circulars. Powers of Attorney executed abroad must be notarised, apostilled (for Hague Convention countries), or attested at the Indian consulate, and adjudicated before a Sub-Registrar in Kerala before use.
OCI cardholders have the same property rights as NRIs except they cannot purchase agricultural land, plantation property, or farmhouse. Succession matters for NRIs are governed by personal law — Hindu Succession Act for Hindus, Indian Succession Act for Christians.
Key references: RBI — FEMA · MEA — Apostille · FRRO — OCI · Invest India · eCourts · Last reviewed: May 2026
The office advises NRI and OCI clients from Kakkanad, Ernakulam. Property transactions, succession matters, power of attorney, and FEMA compliance for Kerala property are handled from the Ernakulam district office. Matters before the Kerala High Court at Ernakulam, the Sub-Registrar offices across Ernakulam district, and the revenue authorities in Kochi are within the regular scope of the practice.
A significant portion of the practice serves Non-Resident Indians and Overseas Citizens of India who need legally competent, locally present representation in Kerala. The most common situation is straightforward: a family matter — a property to be sold, an estate to be administered, an ancestral title dispute to be resolved — requires someone qualified, present and communicative on the ground in Kochi.
The office manages NRI matters through registered Power of Attorney, handling the complete process from document preparation through court appearances, Sub-Registrar filings and revenue office applications. Communication is by email, telephone and video call across all time zones. Response within one working day is the standard.
Selling or buying Kerala property from abroad — PoA execution, title verification, sale deed registration, TDS compliance under Section 195 and coordination with the Sub-Registrar.
Selling property as NRI ›Drafting the PoA in India, country-specific apostille guidance (USA, UK, UAE, Australia, Canada), registration at Sub-Registrar and authorisation for all Kerala transactions.
Apostille guide by country ›Obtaining succession certificates for NRE/NRO bank accounts, shares and movable assets of deceased family members — without requiring the NRI to travel to India.
Succession certificate process ›Encumbrance certificates, title search (minimum 30 years), survey records, patta verification, mutation status — before any NRI property purchase or sale commitment.
Title verification ›Probate applications where a registered will exists, letters of administration for intestate estates, family settlement deeds and coordinated estate administration across assets.
Estate planning & probate ›Form 15CA/15CB preparation, RBI compliance for property proceeds, NRO account repatriation (up to USD 1 million per year), and FEMA advisory for property and investment transactions.
FEMA compliance ›Partition suits, boundary disputes, illegal occupation of NRI-owned Kerala property, injunctions to protect possession and civil recovery proceedings.
Property disputes ›OCI card holders and property rights in India — what OCI holders can and cannot purchase, FEMA compliance for OCI property transactions and succession rights.
OCI property rights ›The Power of Attorney is the instrument through which an NRI authorises another person — typically an advocate or trusted family member in India — to act on their behalf for specified purposes. A properly drafted and registered PoA is the foundation of every NRI property or succession matter handled remotely.
A General PoA grants broad authority to manage multiple matters over time — property management, banking, litigation, revenue applications. A Special PoA is limited to a single transaction (for example, the sale of one specific property at a specified price range) and is preferred where the scope of authority must be precisely limited.
After receipt in India, the PoA must be registered at the Sub-Registrar office before use for property transactions. The office manages the registration process.
Practical Guidance
Most NRI clients contact the office not in anticipation of a legal problem but in the middle of one. Property occupied by someone who will not leave. A sibling who has disputed the sale. A caretaker who has taken a tenant without authority. A succession dispute that has reached court. These situations require immediate legal attention — and in most cases, immediate interim relief before the dispute can be properly adjudicated.
Where a property is occupied by an unauthorised person — a caretaker claiming possession, a distant relative, or a former tenant who has refused to vacate — the legal remedy depends on whether the occupant has any colour of right. In most cases, a civil suit for recovery of possession is the correct action, combined with an injunction preventing further construction or damage to the property while the suit is pending. Where criminal trespass is involved, a complaint before the Magistrate is also available. Time matters: delay risks an adverse possession claim after 12 years of uncontested possession.
Where a co-owner has refused to agree to a sale or partition, or is blocking the NRI's access to the property, a partition suit filed before the Civil Court is the primary remedy. Interim protection can be sought to prevent any dealing with or disposal of the property until the partition is effected. Following Vineeta Sharma v. Rakesh Sharma (2020), daughters have equal coparcenary rights and their joinder in or consent to any sale of ancestral property is legally necessary.
A Power of Attorney authorises the holder to act on defined matters only. A POA holder who has created a tenancy, collected rent personally, or purported to create a mortgage without authority has acted outside the scope of the instrument. The appropriate steps include revocation of the POA, recovery of amounts received without authority, and — if the tenant has a lease — a separate proceeding before the Rent Control or Civil Court depending on the nature of the tenancy.
Where a family member claims to be the sole heir or contests the NRI's share, the process depends on whether a Will exists. With a Will, probate or letters of administration are required from the court. Without a Will, succession follows the applicable personal law. A succession certificate is required for movable assets. Interim protection of the property can be obtained during proceedings. Distance is not a barrier — proceedings can be managed through a Power of Attorney holder in India.
Process & Timeline
Realistic timelines for uncontested or administratively straightforward matters. Contested matters involving court proceedings have longer and less predictable timelines.
FAQ
What TDS rate applies when an NRI sells property in Kerala?
Under Section 195 of the Income Tax Act, 1961, a buyer purchasing property from an NRI must deduct TDS at the rate of 20% on long-term capital gains (property held more than two years) or 30% on short-term capital gains. Where the actual capital gain is lower — or the NRI is reinvesting in a new property under Section 54 — an application for a lower deduction certificate (Form 13) can be made to the Income Tax Officer before the sale is registered. Repatriation of proceeds abroad requires Form 15CA and a Chartered Accountant's certificate in Form 15CB filed with the authorised dealer bank. The buyer must obtain a TAN and file Form 26QB within 30 days of registration.
What if my property in Kerala has been illegally occupied while I was abroad?
The appropriate legal action depends on the nature of the occupation. Where the occupant has no legal basis whatsoever — a trespasser or a caretaker claiming adverse possession — a civil suit for recovery of possession and an application for an interim injunction is the correct course. Where the occupant has an expired lease or licence, an eviction suit under the applicable Rent Control Act or the Transfer of Property Act must be filed. A Magistrate complaint under Section 145 of the Code of Criminal Procedure is available where there is a dispute as to who is in possession. Delay can be used by an occupant to build an adverse possession claim after 12 years of uncontested possession — prompt action is essential.
Can I repatriate the full sale proceeds of my Kerala property to my country of residence?
Under the Foreign Exchange Management (Remittance of Assets) Regulations, an NRI or OCI cardholder may repatriate sale proceeds of immovable property held in India, subject to conditions. Repatriation of up to USD one million per financial year is permitted from the NRO account after payment of applicable taxes. The property must not have been acquired in violation of FEMA. Repatriation requires Form 15CA, a CA certificate in Form 15CB, and prescribed declarations to the authorised dealer bank. OCI holders cannot repatriate proceeds from the sale of agricultural land. Where the sale proceeds exceed the annual repatriation limit, excess amounts may be repatriated in subsequent financial years.
My siblings are refusing to give me my share of our ancestral property — what can I do as an NRI?
A co-owner of ancestral or jointly owned property has the right to seek partition at any time. If co-owners refuse a voluntary partition, a partition suit can be filed before the Civil Court. An interim injunction can be obtained at the outset to prevent any dealing with or disposal of the property while the suit is pending. Under the Supreme Court's decision in Vineeta Sharma v. Rakesh Sharma (2020), daughters hold equal coparcenary rights in ancestral Hindu joint family property regardless of when the father died. Distance is not a barrier — the suit can be filed and conducted through a Power of Attorney holder in India, and the NRI need not be personally present for most procedural steps.
For NRI legal matters in Kerala, the office responds within one working day. Communication by email and telephone is available across time zones. No travel to India is required for most matters.
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