Real Estate Lawyer in Moncton: Property Legal Help for NRIs & OCIs Managing Canadian Assets

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) living in Canada — especially in cities like Toronto, Vancouver, Calgary, Alberta, Quebec, Winnipeg, and Ottawa — managing real estate in India can be legally challenging. While many are emotionally connected to their Indian properties, managing them from Canada involves navigating complex rules. You need expert legal help. A real estate lawyer in Moncton can guide you, offering solutions that connect Indian and Canadian legal systems.

Why NRIs & OCIs Need a Real Estate Lawyer in Moncton

NRIs and OCIs face several unique property-related challenges:

Cross-Border Jurisdictions: Property in India follows Indian law. Canadian property follows Canadian law. Managing both requires a lawyer who understands each side.
FEMA and RBI Rules: India’s Foreign Exchange Management Act (FEMA) and the Reserve Bank of India (RBI) limit how NRIs and OCIs can buy, hold, or sell property. Mistakes can lead to penalties.
Tax Challenges: India and Canada have separate tax systems. NRIs face higher tax deductions when selling property in India. A good lawyer can explain how to use the Double Taxation Avoidance Agreement (DTAA) between both countries.
Property Disputes: Illegal possession, family disputes, and fraud are common. Managing such issues from Canada without legal support is difficult.
Inheritance and Wills: Transferring inherited property or preparing wills valid in both India and Canada requires legal expertise.

Handling Property Deals and Disputes for NRIs and OCIs

A Moncton-based real estate lawyer can handle Indian property issues with confidence.

Buying or Selling Property: NRIs and OCIs can buy residential or commercial property in India. However, they cannot buy agricultural land or farmhouses. Selling inherited property attracts higher taxes. For example, short-term gains (property held under 24 months) can be taxed at 30%. Long-term gains (held over 24 months) are taxed at 20%. A lawyer can help you apply for a Lower TDS Certificate or reinvest under Section 54 to save tax.
Using a Power of Attorney (PoA): NRIs often use PoAs to manage property. It’s safer to use a Special PoA for specific tasks instead of a General PoA. You must sign and notarise the PoA in Canada, and have it attested by the Indian consulate. Then it must be registered in India if it relates to property.
Resolving Land Disputes: OCIs often face encroachment or fraud. Indian laws such as the Indian Penal Code, the Specific Relief Act, and the Transfer of Property Act help you fight back. You can file police complaints, send legal notices, or go to court. Your Moncton lawyer can guide you step by step.
Managing Inheritance and Succession: Transferring property from India to Canada involves taxes and legal steps. Canada may apply capital gains taxes on death. India doesn’t charge inheritance tax but may charge capital gains on sale. Different succession laws apply based on religion. A Moncton lawyer can help you draft a valid will and handle probate across both countries.

FAQs for NRIs & OCIs

Q1: I live in Vancouver. Can I buy farmland in India?

A: No. NRIs and OCIs can’t buy farmland or plantation property in India. But you can inherit it. Your lawyer can explain the process.

Q2: I live in Toronto. Someone is occupying our family land in Punjab. What should I do?

A: Collect all property papers first. Then, give a Special PoA to someone you trust in India. They can file a police report and send a legal notice. If needed, you can file a civil suit. Your Moncton lawyer can help draft documents and liaise with an Indian lawyer.

Q3: I sold a flat in Delhi. How can I transfer the money to my bank in Canada?

A: You can repatriate up to USD 1 million per year if the property was acquired legally. Tax will apply. The buyer must deduct TDS. You’ll need to submit Form 15CA and 15CB. Your lawyer in Moncton can coordinate with Indian tax experts to reduce taxes.

Q4: My parents in Ottawa want to gift me a flat in Mumbai. What are the tax rules?

A: Gifts from parents are tax-free. But the gift deed must be properly written and registered. When you sell the property, you may have to pay capital gains tax. Your Moncton lawyer can help register the gift and handle future tax matters.

Q5: My sibling in Winnipeg and I inherited property in Bangalore. How can we divide it legally?

A: First, get a Legal Heirship Certificate or Succession Certificate. You can then sign a family settlement agreement and register it. If there’s no agreement, you may need to go to court. A Moncton-based lawyer can assist with legal paperwork and coordination.

What Lies Ahead

Managing Indian real estate from Canada is easier today thanks to digital tools and expert help. But legal complexity still exists. Consulting with an experienced real estate lawyer helps you avoid risks and protect your property.

Final Thoughts

As an NRI or OCI in Canada, handling property in India involves legal hurdles. Whether you’re buying, selling, inheriting, or resolving disputes, having a real estate lawyer in Moncton by your side ensures you’re protected under both Indian and Canadian law.

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.

How Real Estate Lawyers in Moncton Help NRIs & OCIs Navigate Property Ownership Across Canada and India