Real Estate Lawyer Dallas Managing NRI Property Sales, Leasing & Probate

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) living in the United States, managing property in India can be a complex and emotionally draining process. Whether you’re selling inherited land, leasing out a flat, or resolving legal disputes, having a trusted real estate lawyer Dallas is essential. With laws constantly evolving in both countries, expert legal support helps NRIs stay compliant while protecting their assets.

Why NRIs Need a Real Estate Lawyer Dallas

Indian property matters often involve cross-border transactions, lengthy legal procedures, and tax complications. A Dallas real estate attorney can simplify this process by offering:

Legal representation for property disputes or inheritance claims
Assistance with lease agreements and tenant issues
Tax guidance on capital gains and repatriation
Coordination with Indian legal teams for registration and title checks
Customised advice based on Indian and U.S. laws

1. Legal Updates That Impact NRI Property Transactions

Capital Gains Tax Relief – 2025 Delhi High Court Ruling

In a recent case, the Delhi High Court ruled in favour of a U.S.-based NRI who was incorrectly taxed ₹46 lakh due to a buyer’s filing error. The judgement reinforced the need for legal oversight and correct documentation in NRI property sales.

Registration Bill 2025

India plans to modernise its property registration process by making Aadhaar linkage mandatory, digitising title records, and requiring online registration for agreements, including those signed via Power of Attorney. This will enhance security and reduce fraud for NRIs.

Finance Act 2024 Amendments

The long-term capital gains tax (LTCG) has been reduced from 20% to 12.5%. However, indexation benefits have been withdrawn, requiring careful financial planning. A real estate lawyer Dallas can help NRIs make the best choice based on their property’s acquisition history.

Punjab & Haryana High Court Ruling – May 2025

In a landmark decision, the court reinforced NRI landlords’ rights to evict tenants based on genuine personal need. This makes it easier for NRIs to reclaim and use their properties in India.

2. Services Provided by a Real Estate Lawyer Dallas

Property Sale and Documentation

Selling property in India involves several legal procedures. A real estate lawyer Dallas ensures:

Clean title verification
Properly executed Power of Attorney
Sale deed preparation and registration support
TDS compliance under Section 195
Assistance with DTAA benefits and Form 13 application

Leasing and Tenant Management

Leasing Indian property while living abroad can be tricky. Your Dallas real estate attorney helps by:

Drafting robust lease agreements
Handling eviction and rent recovery
Ensuring legal validity of digital or POA-based contracts

Inheritance and Probate

If you’ve inherited property, your lawyer will guide you through:

Obtaining a succession certificate or probate
Mutating the property in your name
Ensuring FEMA compliance for inherited agricultural or commercial land

Property Dispute Resolution

Family disputes, fraudulent claims, or unauthorised occupancy can cause major legal headaches. A seasoned real estate lawyer Dallas:

Coordinates with Indian litigators
Initiates civil proceedings or mediation
Provides evidence management and case strategy

3. Common Legal Provisions Every NRI Must Know

Section 195 of the Income Tax Act: Requires TDS on property sales by NRIs
Sections 54 and 54EC: Provide tax exemptions on reinvested capital gains
FEMA Guidelines: Regulate buying, selling, and repatriating funds from Indian real estate
Transfer of Property Act, 1882: Covers rights and duties around property ownership, transfer, and leasing

Frequently Asked Questions by NRIs & OCIs

Q1: Can I sell my Indian property while living in the U.S.?

Yes, using a registered Power of Attorney and with correct TDS compliance, you can sell property remotely.

Q2: How much TDS will I pay when selling my property in India?

Typically 20%, but it may be reduced to 12.5% under recent amendments. Your lawyer will guide you on applying for lower TDS certificates.

Q3: Is it legal to lease out my Indian house from abroad?

Absolutely. A real estate lawyer Dallas can draft valid lease agreements and help enforce them through Indian legal channels.

Q4: Can I inherit and sell agricultural land in India as an NRI?

You can inherit it, but you may only sell it to a resident Indian. FEMA does not permit NRIs to transfer agricultural land to other NRIs or OCIs.

Q5: What if a family member refuses to vacate inherited property?

Your lawyer can initiate legal action through the Indian courts for eviction or partition.

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 Lawyer Dallas Helping NRIs with Probate, Tax, and Property Disputes