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Justifiable Reasons for the Eviction of Tenant by a Non Resident Indians (NRI)

According to the Indian Rent laws, the rights of a landlord in India permit the landlords to evict their tenants provided there is a legitimate and justified reason for such an action. Many Indian states have declared the lawful basis of eviction for tenants in India. Furthermore, the laws relating to the Rent & Tenancy varies from State to State and every State in India has their own laws with respect to Rental & Tenancy of properties. It is often easy to find a tenant in India and this is one of the most convenient ways for the Non...

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Non Resident Indians (NRI) & Partition of their Ancestral Property in India

A Non Resident Indians (NRI) who have left India and/or are either staying abroad or have obtained the citizenship of a foreign country have their immovable properties and/or real estate in India and the same can be in the form of ancestral property which a person inherits. “Partition” is a process by which ownership of property among the family members is managed. When there is/are more than one owner of a property, it is known as “joint property”. Joint ownership in the property creates many problems to the owners of the property and for the Non Resident Indians (NRI) it...

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Case Study: Legal Importance & Sanctity of an Arbitration & Jurisdiction Clause in an Agreement/Contract

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. A Querist, who has his showroom of cycles in New Delhi get the...

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Coronavirus Outbreak & Cross Border Transactions

The 2019 Novel Wuhan Coronavirus (Covid-19) has done two major things. One, it has caused panic and at the same infected many people, leading to the death of around 3,300 people. Two, it has had a major bearing on global business. Though there isn’t much data available just as yet, on how the Covid-19 has affected business globally, yet news reports mention that many companies in China and other countries where the Coronavirus has spread, are encouraging the employees to work from home, due to the high risk of human to human transmission. It is also suspected that the Shipping...

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Legal challenges & problems faced by a Non Resident Indian (NRI) while purchasing property in India

The Non Resident Indian (NRI) who are based in a foreign country and intend to purchase a property in India which is either commercial or residential property/real estate face lots of challenges and legal issues. The ‘enclosed’ nature of the real estate business in India, along with the lack of information, is often stated as a reason why Non Resident Indian (NRI) are often scared of investing in real estate in India. There is a huge scarcity and/or lack of trusted and diligent real estate listing websites and platforms also pose a major challenge and thus, the Non Resident...

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Case Study: Legal Importance & Sanctity of a Force Majeure Clause in an Agreement/Contract

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. A Querist, who is an Importer of electronics and mobile accessories and has...

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Case Study: Legal Importance & Sanctity of Shareholders Agreement (SHA)

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. A Querist, who happens to be Shareholder and a Director in a Private...

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Easiest Way to Transfer a Property in India by a Non-Resident Indian (NRI) without coming to India

A Non-Resident Indian (NRI) can easily transfer his/her share of property i.e. both movable and immovable property without visiting India. The same can be easily done by way of executing a “Special Power of Attorney (SPA)” in favour of a third person to whom the Non-Resident Indian (NRI) can entrust the job and responsibility to act as the authorised Agent and/or the Attorney holder and enable the transfer of the property in India. The Special Power of Attorney should essentially carry the following clauses which the Non-Resident Indian (NRI) should enumerate in favour of the Attorney holder i.e. To sign and execute...

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Relinquishment Deed & Transfer of Property by Non-Resident Indians (NRI)

A “Relinquishment Deed” is a legally valid and legally enforceable document whereby one person can relinquish and/or surrender his/her claims and rights over an movable or the immovable property, in favour of another person. The “Relinquishment Deed” can only be executed by the person who is the lawful owner of the movable or the immovable property. The person who executes the Relinquishment Deed is known as the “Executant” and/or the “Releasor” and the person to whom the ownership rights are surrendered and/or transferred is known as the “Releasee” respectively. A Non-Resident Indian (NRI) can transfer his/her share in his property i.e....

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Supreme Court: Development of New Proforma of Cheques on the Cards

The Hon’ble Supreme Court in Makwana Mangaldas Tulsidas vs. The State of Gujarat & Anr. S.L.P. (Criminal) No. 5464 of 2016 have issued notices to the Union of India, Registrar Generals of all the High Courts, the Police Department, the Reserve Bank of India, the Indian Bankers Association etc in order to enable the development of a new proforma of cheques which shall include the purpose of payment along with other necessary information in order to facilitate issues with respect to cases relating to cheque bounce under the Negotiable Instruments Act of 1881 (NI Act). The Hon’ble Court has observed...

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