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Frequently asked questions

Short answers to the questions NRIs and OCI cardholders ask us most, with links to the detailed pages.

Last updated Indian law and procedure only

Working with a lawyer in India from abroad

Can I hire a lawyer in India without visiting?

Yes. Engagement, document exchange and consultations are done online, and authority to act is given through a power of attorney or a signed vakalatnama couriered to India. Our guide on hiring a lawyer in India from abroad explains what to check.

Can an NRI appear in an Indian court by video call?

Many courts permit video appearance and recording of evidence by video conferencing under their High Court's rules, particularly for witnesses abroad. Permission is sought case by case. See attending Indian courts online.

What is a vakalatnama, and is it the same as a power of attorney?

A vakalatnama authorises an advocate to appear and plead in a particular case. A power of attorney authorises a person to act for you more broadly, including signing pleadings and deeds. Many NRI matters need both.

How do I know the lawyer is genuine?

Every advocate has an enrolment number issued by a State Bar Council, which you can ask for and verify. A written engagement letter and invoices in the firm's name are basic safeguards.

Property

Can an NRI or OCI cardholder buy property in India?

Yes, residential and commercial property without limit. They cannot buy agricultural land, farmhouses or plantation property, though they can inherit these. See buying and selling property.

How can I sell my property in India without travelling?

Through a registered special power of attorney in favour of a trusted person, who signs and registers the sale deed. Plan the tax position first, because the buyer must deduct TDS at non-resident rates.

A relative has occupied my house. What is the first step?

Establish in writing that their stay was by permission and that permission has ended, then send a legal notice. If they do not leave, a suit for possession follows. See recovery of possession.

Is there a time limit for claiming my share in family property?

There is no limit while the property is joint and your right is admitted. Once you are openly excluded, you have twelve years. See partition suits.

Inheritance and documents

Do I need a succession certificate to inherit property in India?

Not for immovable property. A succession certificate is for debts and securities such as bank deposits and shares. Land and houses pass by will or by the personal law, followed by mutation. The differences are explained in our guide to succession documents.

Is a will made abroad valid for property in India?

It can be, if validly executed, but practical difficulties arise in proving it. A separate Indian will covering only Indian assets is usually advisable. See wills and probate.

How do I get a document signed abroad accepted in India?

By consular attestation at the Indian mission, or by notarisation and apostille in a Hague Convention country, followed by stamping in India where required. See document attestation.

Family

Can an NRI couple file for divorce in India?

Yes, if the marriage took place in India, the couple last lived together there, or the wife resides there. Mutual consent divorce can often be completed with limited or no travel. See NRI divorce.

Is a divorce granted by a foreign court valid in India?

Only if it meets the tests in section 13 of the Code of Civil Procedure: broadly, a competent court, a ground recognised by the law under which the parties married, and real participation by both spouses. See the guide on foreign decrees.

Tax and money

How much money can an NRI take out of India each year?

Up to one million US dollars per financial year from an NRO account, after tax and with Forms 15CA and 15CB. Balances in NRE and FCNR accounts are freely repatriable. See repatriation of funds.

I received an income tax notice in India. Should I respond from abroad?

Yes, always, and within the date stated. Notices are answered online through the e-filing portal, and ignoring one can lead to a best-judgment assessment and penalty. See income tax notices.

Criminal matters

An FIR has been filed against me in India. Will I be arrested on arrival?

It depends on the offence and the stage of the case. Anticipatory bail can be sought before you travel, and a false FIR can be challenged in the High Court. Get advice before booking a ticket. See FIR quashing and bail.

What is a look out circular?

An instruction to immigration authorities to stop or flag a person at Indian airports. It can be challenged if issued without proper basis. See LOC and extradition.

Please note: this page explains Indian law and procedure in general terms as on 8 October 2026. Time limits, court fees and stamp duty differ from state to state and facts change outcomes, so take advice on your own papers before acting.