For Non-Resident Indians · OCI · PIO
Legal Services for NRIs with Property or Family Matters in Bengaluru
Many NRIs in the US, UK, UAE and the Gulf, Singapore, Australia and Canada have property, family or court matters in Bengaluru. Most of these can be handled without frequent travel to India. We appear before the courts in Bengaluru and the High Court of Karnataka, and we keep you updated by video call and email.
Overview
When you live abroad, your matter in Bengaluru still needs attention
A plot left vacant can be encroached. A tenant may refuse to leave. A relative may change revenue records. A divorce or custody matter may be pending here while you live overseas.
You can act through a properly drafted power of attorney, and courts increasingly allow evidence and statements by video conference. We tell you honestly when you need to be here in person, and handle the rest locally.
What we handle
Our work for NRIs
These are the problems NRIs most often bring to us.
Property, land and title disputes
- Title verification before buying or selling
- Suits for recovery of possession and permanent injunction against trespass or encroachment
- Cancellation of forged or fraudulent sale deeds and powers of attorney
- Partition suits in joint family property
- Tenants who do not vacate (Karnataka Rent Act, 1999)
Revenue and civic records
- Correction of RTC (Pahani) and mutation entries before the Tahsildar and Assistant Commissioner (Karnataka Land Revenue Act, 1964)
- Khata matters with BBMP
- BDA site allotment and related disputes
- Survey and boundary demarcation
- RERA complaints before K-RERA for delayed flats
Matrimonial and family matters
- Mutual consent divorce (Section 13B, Hindu Marriage Act, 1955 and Section 28, Special Marriage Act, 1954), including requests to waive the six-month waiting period
- Contested divorce, maintenance and domestic violence cases
- Child custody and visitation where one parent lives abroad
- Questions on recognition of foreign divorce decrees
Succession and inheritance
- Wills and their registration
- Succession certificates (Indian Succession Act, 1925)
- Family tree and legal heir documents from the Tahsildar
- Transfer of inherited property and bank deposits
Power of attorney from abroad
- Drafting a specific power of attorney for court cases or a property transaction
- Guidance on execution before the Indian embassy or consulate, or by apostille
- Payment of stamp duty in Karnataka after the document reaches India
- Revoking a power of attorney that is being misused
Court cases and remote hearings
- Filing and defending civil suits, appeals and writ petitions
- Requests to record statements or evidence by video conference
- Police complaints and criminal matters involving NRIs
- Enforcement of foreign judgments (Section 44A, Code of Civil Procedure, 1908)
How we work across time zones
Our remote working process
Confidential video call
We meet on Zoom, Google Meet or Microsoft Teams at a time that suits the US, UK, Gulf or Asia-Pacific. You explain the matter.
Document review
You share scanned papers. We check them, list what is missing and tell you if a power of attorney is needed. We guide you on how to sign it abroad.
Filing and appearance
We file and appear before the City Civil Courts, Family Courts, Commercial Courts, tribunals and the High Court of Karnataka.
Regular updates
After each hearing we send a short email summary. We share eCourts status and scanned certified copies of orders.
Courts and authorities
Where we appear
- High Court of Karnataka, Bengaluru
- City Civil and Sessions Courts, Bengaluru
- Courts in Bengaluru Rural District
- Family Courts, Bengaluru
- Commercial Courts, Bengaluru
- Tahsildar and Assistant Commissioner (revenue)
- BBMP and BDA
- K-RERA
Good to know
Things NRIs should know
Act early on encroachment
If you are dispossessed, a suit under Section 6 of the Specific Relief Act, 1963 must be filed within six months. Other remedies have longer limits, but delay always makes evidence harder.
Keep the power of attorney specific
A general power of attorney with wide powers is easy to misuse. A specific one, limited to a case or one property, is safer.
Your own evidence still matters
A power of attorney holder can act for you, but cannot give evidence on facts only you know. The court may record your evidence by video conference.
Watch your records
Check your RTC, khata and encumbrance certificate once a year. Early detection of a wrong entry is the cheapest protection.
Common questions
NRI legal questions
Do I need to be in Bengaluru to file a property or civil case?
Usually not for filing. Under Order III of the Code of Civil Procedure, 1908, a person holding your power of attorney can sign and file papers and take steps in the case for you. Your advocate appears in court.
However, if the case goes to trial, the court will want your own evidence on facts within your personal knowledge. A power of attorney holder cannot give that evidence for you. Courts can record your evidence by video conference, so travel may still not be needed.
Can an NRI get a mutual consent divorce without travelling many times?
Often, yes. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month waiting period under Section 13B(2) of the Hindu Marriage Act, 1955 can be waived in suitable cases. It also said a party may join by video conference.
Whether the Family Court allows video appearance or waiver depends on the facts and the judge’s discretion. We plan for the fewest possible visits and tell you in advance if your presence is likely to be needed.
How do I make a power of attorney abroad that is valid in Karnataka?
You sign the power of attorney before an Indian embassy or consulate, or before a local notary and then get it apostilled if that country is part of the Hague Apostille Convention.
After the document reaches India, stamp duty must be paid under the Karnataka Stamp Act, 1957. For a document signed abroad, this must be done within three months of its first receipt in India. If it will be used to sell or deal with property, registration rules also apply. We check the draft before you sign so that it is accepted by the court or Sub-Registrar.
My vacant site in Bengaluru has been encroached. What can I do?
First, collect your title deed, khata, RTC, encumbrance certificate and recent photos. Your options can include:
a suit for injunction with an urgent application for a temporary injunction (Order XXXIX, Code of Civil Procedure, 1908); a suit for recovery of possession; a police complaint if there is criminal trespass or forgery; and a survey request to fix the boundary. The right choice depends on how long the encroachment has existed and what documents you hold.
Is a foreign divorce decree valid in India?
Not always. Indian courts test a foreign matrimonial decree under Section 13 of the Code of Civil Procedure, 1908. In Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), the Supreme Court held that the decree should normally be based on a ground available under the law under which the parties married. We can advise whether your foreign decree is likely to be recognised or whether a fresh petition is safer.
General information only, not legal advice. Every case turns on its own facts and papers.
Contact form
Tell us briefly about your matter
Please do not send confidential documents through this form. Sending a message does not create an advocate–client relationship. We use your details only to reply to you. See our Privacy Policy. An advocate will reply by email to fix a video call.
Related practice areas
Contact Base Legal
Phone +91 63660 42792 or +91 81974 06465 · contact@baselegal.in · Monday to Saturday, 9:00 AM to 8:00 PM