Real Estate Lawyer Saint John Helping NRIs & OCIs With Property Purchase, Sale, and Land Disputes

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) living across Canada in cities like Toronto, Vancouver, Calgary, Alberta, Quebec, Winnipeg, and Ottawa, real estate matters in India can become highly complicated. If you’re looking to buy or sell property or resolve a land dispute, a real estate lawyer in Saint John with experience in Indian and Canadian legal systems can help protect your interests and simplify the legal process. From NRI property investment and OCI home buying to legal land advice NB (New Brunswick), cross-border property issues require careful legal navigation.

Why NRIs and OCIs Need a Real Estate Lawyer Saint John

As an NRI or OCI, you often face:

Title disputes due to unclear ownership records in India
Delays or fraud when buying from builders in Indian cities
Land encroachment or illegal possession of ancestral land
Difficulties managing estate inheritance or partition of family assets
Complex documentation for sale or repatriation of funds

Hiring a real estate lawyer Saint John ensures your transactions align with both Indian legal frameworks like FEMA and RERA, and Canadian requirements like FIRPTA, when relevant.

1. Buying Property in India: FEMA & OCI Home Buying Restrictions

Under India’s Foreign Exchange Management Act (FEMA), 1999, NRIs and OCIs:

Can buy residential or commercial property
Cannot buy agricultural land, farmhouses, or plantation property unless inherited

For example, an OCI living in Montreal can buy a flat in Bangalore but not farmland in Punjab. All payments must be routed through NRE/NRO/FCNR accounts. A real estate lawyer in Saint John will ensure you’re complying with FEMA and not violating RBI guidelines.

2. Selling Property and Repatriation for NRIs & OCIs

Selling property in India involves:

Capital Gains Tax (under Section 195 of the Income Tax Act, 1961)
TDS deduction by the buyer (typically 20% for long-term gains)
Filing an Indian Income Tax Return to claim TDS credit
Repatriation of sale proceeds (up to USD 1 million annually)

For example, an NRI in Calgary selling a Mumbai flat needs tax compliance, Form 15CA/CB, and bank clearance for repatriation. A real estate lawyer Saint John can manage these steps and coordinate with Indian banks and CA professionals.

3. Common Legal Issues: Land Disputes and Builder Conflicts

Illegal Possession & Encroachment

If relatives or outsiders have occupied your ancestral land, you can:

File a police FIR under Section 441 IPC (Criminal Trespass)
Use Section 5/6 of the Specific Relief Act, 1963 to reclaim possession
File for an injunction or civil suit through a Power of Attorney

A real estate lawyer Saint John helps draft and notarise PoAs valid in Canada and India, and appoints reliable legal counsel to act on your behalf.

Builder Delays & RERA

Under RERA, you can:

File complaints for possession delays
Seek refunds or compensation
Hold the builder accountable for construction defects

If you’re an OCI from Toronto who paid for a flat in Chennai, a real estate lawyer in Saint John can file a complaint under RERA rules and pursue legal action using a registered representative in India.

4. Inheritance Without a Will: Navigating Indian Succession Laws

Indian inheritance laws differ by religion:

Hindu Succession Act, 1956 for Hindus, Sikhs, Jains, Buddhists
Muslim Personal Law (Shariat) Act, 1937 for Muslims
Indian Succession Act, 1925 for others

If your parents died intestate, a real estate lawyer in Saint John can help you:

Obtain a Legal Heir Certificate or Succession Certificate
Apply for property mutation and title transfer
Secure a Probate of Will, if applicable

5. Cross-Border Jurisdiction and Legal Risks

Property issues can be affected by:

Canadian court orders (e.g., divorce settlements) not being fully recognised in India
Double taxation risks. Thankfully, the India-Canada DTAA helps avoid tax duplication
Non-recognition of documents like wills, PoAs, or divorce orders unless properly registered in India

A real estate lawyer Saint John provides cross-border legal coordination, ensuring all filings are valid in both Canada and India.

6. What a Real Estate Lawyer in Saint John Does for NRIs & OCIs

Verifies land titles and ownership through due diligence
Drafts and registers sale deeds, PoAs, and gift deeds in line with Indian laws
Handles disputes through Indian courts and RERA
Provides legal land advice NB, compliant with provincial law and Indian jurisdiction
Coordinates with Indian CA firms for tax filings and repatriation
Develops custom NRI property investment strategies

FAQs for NRIs and OCIs

Q1: I’m an OCI in Toronto. Can I buy agricultural land in India?

No, you cannot directly purchase agricultural land under FEMA. You can only inherit it. A real estate lawyer Saint John can guide you on legal alternatives or permissions.

Q2: I live in Vancouver and my family property in Punjab is illegally occupied. What should I do?

Draft a PoA, notarise it in Canada, attest it at the Indian Consulate, and register it in India. Your representative can file police complaints and civil suits. Your lawyer in Saint John handles the entire process remotely.

Q3: I’m an NRI in Calgary selling a property in Bangalore. What taxes apply?

You will owe capital gains tax. The buyer deducts TDS under Section 195. With your NRO account, repatriation of up to USD 1 million/year is allowed after Form 15CA/15CB clearance. Your lawyer ensures end-to-end tax compliance.

Q4: I want to buy a flat in a RERA project in Chennai. What if the builder delays?

Under RERA, you can seek a full refund, interest, or compensation. Your real estate lawyer in Saint John can file a complaint using your PoA holder in India.

Q5: My parents died intestate. I’m an OCI in Ottawa. How can I claim inheritance?

You’ll need a Legal Heir Certificate or Succession Certificate, and apply for property mutation. If there’s a will, get it probated. Your lawyer can manage all paperwork and court filings while you’re abroad.

Outlook: Protecting NRI and OCI Interests Across Borders

With increasing legal complexities, cross-border property matters need legal professionals who understand the full picture. From managing builder disputes and land encroachment to complying with inheritance laws, a real estate lawyer in Saint John ensures that your rights are protected, documents are valid, and taxes are optimised. For NRIs and OCIs in Canada’s Indian diaspora—whether in Toronto, Vancouver, or Saint John—choosing the right legal partner can make all the difference in protecting your family’s property legacy in India.

Conclusion

Navigating Indian real estate as an NRI or OCI involves compliance with FEMA, income tax laws, and succession rules. Whether you’re buying property, managing an inheritance, or selling and repatriating funds, a real estate lawyer Saint John brings the cross-border legal clarity you need. Choose a partner who can represent your interests in both India and Canada effectively.

LawCrust: Your Trusted Cross-Border Legal Partner

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.

Selling Your Indian Property from Canada? Hire a Real Estate Lawyer Saint John