How a Real Estate Attorney Plano TX Helps NRIs Resolve Property Conflicts in India

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) living in the USA—especially high-net-worth individuals (HNIs) based in Plano, Texas—owning or managing property in India often leads to unexpected legal complications. From inheritance disputes to illegal occupation and fraudulent property sales, the legal landscape is difficult to manage without expert guidance. This is where an experienced real estate attorney Plano TX becomes invaluable.

Whether you’re asserting your inheritance rights, defending property from encroachment, or resolving a builder conflict, your Plano-based legal counsel can coordinate with Indian lawyers to protect your property interests, even while you remain abroad.

Why NRIs Rely on Real Estate Attorney Plano TX for Cross-Border Property Matters

A trusted real estate attorney in Plano supports NRIs in multiple ways. First, they represent you through Indian legal counsel, managing court proceedings such as partition suits, title claims, or builder disputes. Second, they help you draft and register a valid Power of Attorney (PoA), enabling a trusted person in India to act legally on your behalf. This PoA must be attested by the Indian Consulate and drafted carefully to protect your interests.

A plano real estate lawyer also handles title due diligence. They verify the property’s ownership history, check for encumbrances, and ensure your investment complies with Indian laws like FEMA (Foreign Exchange Management Act, 1999). When dealing with delayed real estate projects or builder fraud, your attorney can guide you through filing complaints under RERA (Real Estate Regulation and Development Act, 2016).

For cases involving illegal possession or encroachment, your lawyer can initiate possession and eviction proceedings under the Transfer of Property Act, 1882 and Specific Relief Act, 1963. These cases are coordinated with local legal teams in India, ensuring minimal involvement on your part while protecting your rights effectively.

1. Key Legal Provisions That Affect NRI Property Rights in India

Several Indian laws influence how NRIs can acquire, inherit, and protect property:

FEMA, 1999: Allows NRIs and OCIs to buy residential and commercial property but restricts purchase of agricultural land, plantation, or farmhouses unless inherited.
Hindu Succession Act, 1956 / Indian Succession Act, 1925: Governs inheritance and succession rights for NRIs based on religion.
Indian Registration Act, 1908: Requires registration of transactions including gift deeds (Section 17).
Supreme Court Ruling (2024): Clarified that ownership requires solid legal documentation beyond mere registration, emphasising due diligence.
Prevention of Money Laundering Act (PMLA): Improper transactions may trigger property seisure. NRIs must ensure compliance with FEMA and income tax laws.
Property Registration Bill 2025 (Proposed): Promises Aadhaar-linked, digital property registration—allowing NRIs to transfer and register property remotely.

2. Common Legal Issues Faced by NRIs and How Plano Real Estate Attorneys Help

NRIs face a range of property issues that require prompt legal intervention. Unauthorised occupation is a common problem—relatives, tenants, or third parties may illegally take possession of unmonitored properties. A real estate attorney Plano TX can coordinate eviction proceedings and civil suits to reclaim ownership.

Inheritance conflicts are another frequent issue, especially when multiple heirs are involved or the property is ancestral. Your attorney can assist in filing partition suits or applying for probate under Indian succession laws.

Fraudulent sales or forged documentation are unfortunately common, particularly in rural areas or where land records are poorly maintained. Your lawyer can file criminal complaints under relevant IPC sections for forgery and impersonation.

Builder disputes are also prevalent—NRIs often invest in under-construction properties that never get delivered. Your attorney helps you file RERA complaints, demand refunds, and pursue legal remedies against non-compliant developers.

Title disputes or unclear ownership documents often surface during sale or transfer. Legal professionals in Plano work with on-ground teams in India to conduct in-depth due diligence, rectify ownership issues, and secure your rights.

Lastly, misuse of a broadly worded Power of Attorney can lead to irreversible losses. To avoid this, your real estate attorney in Plano drafts a narrow, specific PoA that allows only defined transactions, safeguarding your property from misuse.

3. Best Practices for NRIs to Protect Indian Property

To protect your real estate investments, start by executing a registered and consulate-attested Special PoA. Choose a reliable person and clearly define their powers.

Schedule regular inspections of your property, either through a local manager or a trusted family member. Keep digital and physical copies of sale deeds, wills, mutation records, tax receipts, and building permissions.

Ensure tax compliance by paying property taxes and reporting rental income. Consult your attorney before selling or gifting any property to ensure adherence to FEMA and income tax laws.

Before making new investments, consult a real estate attorney Plano TX for due diligence, ensuring that the property has a clean title and no encumbrances.

FAQs for NRIs and OCIs on Property Disputes

Q1: Can I manage property disputes in India from Plano without traveling?

Yes. With a legally drafted and attested Power of Attorney, your representative can attend court hearings and handle transactions. Your Plano attorney will ensure the PoA complies with Indian law.

Q2: What happens if someone occupies my property illegally?

You can file an eviction or possession suit in India. LawCrust coordinates with local counsel to initiate legal action while keeping you updated remotely.

Q3: What does the new Property Registration Bill 2025 offer for NRIs?

It proposes a digital, Aadhaar-linked property registration system. This will allow NRIs to transfer or verify ownership remotely and reduce forgery risks.

Q4: What taxes apply when an NRI sells property in India?

Long-term capital gains are taxed at 20% (with indexation), while short-term gains are taxed at 30%. TDS applies at the time of sale. Exemptions under Sections 54, 54F, and 54EC may apply.

Q5: Is giving Power of Attorney to a relative risky?

It can be, especially if it’s a General PoA. Always opt for a Special PoA with limited powers. Your real estate attorney in Plano will draft it to prevent misuse.

Outlook: A More Secure Future for NRI Property Owners

As Indian laws become more transparent and digital registration evolves, NRIs can expect improved protection for their property rights. Still, challenges like land encroachment, slow litigation, and tax compliance persist. With a qualified real estate attorney Plano TX, NRIs gain peace of mind knowing their Indian properties are in safe hands.

Conclusion

Owning and managing property in India while living in the USA can be difficult without legal support. From builder fraud and inheritance issues to illegal possession and registration problems, NRIs face a wide range of challenges. Partnering with a reliable real estate attorney Plano TX allows you to safeguard your interests, comply with Indian laws, and resolve disputes efficiently—without returning to India.

About LawCrust Legal Consulting

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.

Real Estate Attorney Plano TX for NRIs Facing Property Ownership Disputes