Real Estate Attorney Albany Assisting NRIs with Cross-Border Transactions, Transfers, and Land Disputes

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) living abroad particularly in the USA handling property matters in India can be a complex, emotionally charged, and legally sensitive process. That’s why having a trusted real estate attorney Albany who understands both Indian and U.S. legal systems is essential. Whether you’re managing cross-border real estate transactions, land disputes, title transfers, or inheritance matters, the right legal advisor can ensure compliance, protect your interests, and offer peace of mind.

Why You Need a Real Estate Attorney Albany as an NRI or OCI

Cross-border real estate issues involve overlapping legal jurisdictions, foreign exchange regulations, tax implications, and family sensitivities. A real estate attorney Albany experienced in Indian property law simplifies the process by offering customised solutions for:

Inheriting or selling property in India
Resolving boundary and ownership disputes
Drafting and registering Power of Attorney (PoA)
Handling builder delays and RERA cases
Repatriating funds from India to the U.S.
Ensuring FEMA, RBI, and Income Tax Act compliance

For high-net-worth NRIs, this isn’t just a convenience it’s a strategic necessity.

1. Understanding Indian Property Law: What NRIs Must Know

Acquisition and Transfer of Property

NRIs and OCIs can legally acquire residential or commercial property in India without prior RBI approval. However, they cannot purchase agricultural land, plantations, or farmhouses, though they may inherit them.

Relevant Law:

Foreign Exchange Management Act (FEMA), 1999 – Section 6
Mandates that all payments for property must go through banking channels not in cash, foreign currency, or traveller’s cheques.

Repatriation of Funds to the USA

Under FEMA, NRIs can repatriate up to USD 1 million per financial year from property sale proceeds. This is permitted only if the property was purchased in line with FEMA regulations and tax liabilities (like capital gains tax) are settled.

Important Forms:

Form 15CA & 15CB (via Chartered Accountant)
Proof of sale, PAN, and NRO/NRE bank account details

Power of Attorney (PoA)

NRIs often rely on PoA to conduct real estate transactions remotely. A valid PoA must be:

Notarised in the USA
Apostilled under the Hague Convention
Registered in India if used for property transfer

Supreme Court (2021) ruling confirms that sale via PoA alone is invalid a registered sale deed is mandatory.

2. Recent Legal Developments Benefitting NRIs

New Property Law of 2025

India’s newly introduced law streamlines property ownership and transparency:

Digital Land Records with tamper-proof centralised registry
Guaranteed Title Certificates to eliminate future ownership disputes
Mandatory 30-Day Registration of property transactions
Aadhaar–PAN linkage with biometric verification
Online Property Dispute Resolution via digital tribunals

Landmark Judgment: TDS on NRI Sales

In May 2025, Delhi High Court ruled in favour of an NRI who was wrongly taxed due to buyer error in Form 26QB filing. The court directed correction and refund.

Always ensure buyers file Form 27Q and obtain TAN.

Double Taxation Avoidance Agreement (DTAA)

Under the India–USA DTAA, capital gains and rental income are taxed only in India if the asset is located there. NRIs can claim tax credits in the USA by filing:

Form 67 and Form 10F
Tax Residency Certificate (TRC) from the IRS

3. Handling Land Disputes: The NRI Perspective

Common issues faced by NRIs include:

Encroachment by relatives or tenants
Title disputes from unregistered transfers
Boundary and partition conflicts
Builder fraud, delay, or cancellation

A real estate attorney Albany works with on-ground Indian teams to:

Issue legal notices
File civil suits, possession claims, or partition cases
Update mutation records and legal heir certificates
Negotiate settlements or represent you in court

FAQs: Common NRI Questions on Indian Property Law

Q1: Can I, as an NRI in the USA, buy property in India without RBI permission?

Yes, you can buy residential or commercial property without prior RBI approval. Use NRE/FCNR accounts or inward remittance no cash or traveller’s cheques.

Q2: I inherited agricultural land can I sell it to another NRI?

No. Agricultural land inherited by NRIs must be sold to an Indian resident citizen, not another NRI/OCI.

Q3: My property is encroached. Can I resolve this from the USA?

Yes. Hire a real estate attorney Albany, execute a PoA, and take swift legal action in India issue notice, file civil suit, and conduct inspections.

Q4: I sold property in India. How do I repatriate the money to the U.S.?

You may repatriate up to USD 1 million per year. File Form 15CA/CB, pay capital gains tax, and submit documents to your Indian bank.

Q5: What does ‘conclusive title’ under the new law mean?

It means your property ownership, once digitally recorded, is final and cannot be disputed unless fraud is proven. It brings higher security for NRIs.

Outlook: A Smoother Legal Path for Global Indians

With new reforms, digitised systems, and increased transparency in Indian real estate, the environment is far more NRI-friendly than before. But compliance still demands knowledge, experience, and proactive planning. With a real estate attorney Albany by your side especially from LawCrust you ensure your property journey is seamless, compliant, and secure.

Conclusion

Navigating Indian property as an NRI is no longer an impossible task but it requires the right expertise. From FEMA and DTAA to title disputes and builder issues, hiring a dedicated real estate attorney Albany ensures your rights are protected, paperwork is accurate, and transactions are legally valid. Partner with LawCrust to handle your property the right way safely, legally, and efficiently.

About LawCrust

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of legal services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.

In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.

From Albany to India: Expert Real Estate Legal Support for NRIs