Civil Litigation for NRIs
Our friendly team consists of highly experienced professionals who provide advice and representation on NRI Indian Legal matters. Use our online contact form for a free assessment of your case today.
NRI Indian Legal Services in London
Our experienced consultants provide expert Indian legal advice and representation, directly to NRIs, in relation to all aspects of litigation for civil disputes in India. Our approach is distinctly innovative. Working directly with our clients, we combine the expertise along with the service levels of a trusted firm.
We work hard to understand our clients’ plans and objectives. Then we put together the right team, with the right mix of skills, languages and experience. Our lawyers work closely with NRI clients, to make sure that they always know what’s going on and without the need for them to travel to India.
Our Lawyers are passionate about Indian law and bring enthusiasm and commitment to every case they work on. We care about our clients and always go the extra mile to ensure that everything is just right.
Finding Indian lawyers that are professional and reliable can be challenging. Our London-based Indian Lawyers understand the needs of NRIs based in the UK, offering a range of NRI Legal Services in London specialising in Indian Property and Financial matters.
Indian Legal Services for NRIs: how we can help
For all new enquiries, our team of experienced Indian lawyers conducts a comprehensive review of the client’s legal standing based on the available facts and documents. In certain cases and with the help of our team, we may suggest obtaining further documentation to provide a more in-depth and detailed legal review.
We ensure that the client is fully informed on their matter before we proceed. Based on the in-depth review, we will:
- Advise on any pre-action considerations
- Advise on any time limits relevant to the civil claim under Indian Law
- Clearly identify key problem areas
- Outline a clear legal strategy, including any proposed litigation within the scope of Indian law
- Advise on any interim protection that may be available depending on the nature of the claim
- Identify key problem areas and challenges
- Provide an estimated timeline
- Provide an appraisal on costs for conducting litigation
What is the typical procedure for an NRI civil claim in India?
Under the Code of Civil Procedure 1908, the following procedure is applicable to NRI civil suits:
- Institution of the suit: a suit is initiated by the filing of a plaint by the plaintiff;
- Issuing of summons: the second stage is where summons are issued to the defendants. On receipt of the summons, the defendant, if he or she desires to defend the suit, files a response by way of a written statement within 120 days of receipt of summons;
- Filing a written statement: The third stage is where the defending party files a written statement. Then the parties enter into discovery and inspection of documents;
- Framing of issues: on completion of discovery, the court frames issues or points for determination;
- Evidence Stage: after framing of issues, trial in the suit commences where, inter alia, evidence, by way of documents and witnesses, is led and witnesses are cross-examined.
- Trial of the suit: the trial of the suit is conducted in accordance with rules of civil procedure and evidence;
- Final Hearing: after the conclusion of the trial, a final hearing of the suit is conducted before the court, which then passes a judgment and subsequently a decree; and
- Opportunity for appeal: a party aggrieved by the judgment of the court can challenge the same in appeal before a higher court. Usually, there are two levels of appeals available.
- NRI’s inheriting property in India
- Transfer of property in India
- Indian Property disputes
- Sell property in India
- Power of Attorney Service
We can also assist with the following NRI Services in London
- Illegal occupation of property in India
- Family Settlements and partition of NRI Indian property
- Ancestral real estate and inheritance advisory under Indian law
- NRI Property Transfer
- Possession of NRI Property
- Recovery of NRI money under Indian Law
- NRI Succession Certificate in India
- Injunction against alienation of NRI property in India
- Developer Claims under the Consumer Protection Act in India
- NRI property disputes
- Visas to India
- Indian Power of Attorney
- Overseas Citizenship of India (OCI)
- Inter-Country Adoption
- Divorce proceedings under Indian Law for parties settled abroad.
Frequently Asked Questions NRI Indian Civil Litigation
How do NRIs present evidence at trial?
Evidence in the trial can be presented both as oral and documentary evidence in person.
Can NRIs present their evidence remotely through a Video Conference?
Yes, in certain limited circumstances, the Indian courts allow witnesses to complete their evidence stage, (i.e. oral statement and cross-examination) of the process remotely. A video conference is allowed in situations where the witness is unable to travel due to old age, ill-health or in case of travel restrictions.
What remedies are available to NRIs for civil disputes?
Legal remedies available under Indian Law in civil cases typically include damages or specific performance of a contract, recession of contracts, cancellation of instruments, declarations and perpetual injunctions.
What happens after a decree has been passed by the NRI Courts?
In India, a decree is enforced by execution proceedings. Typically, modes of execution of a decree depend upon the subject matter of the decree and can range from attachment or sale of immovable property, delivery of movable property and/or injunctions.
Does the court have power to order costs?
Yes, courts have the power to award costs and the amount is left to the discretion of the courts.
Can the NRI parties control the procedure and the timetable of their cases in India?
The procedure and the timetable is as provided under the relevant laws and the parties cannot control the same.
Do NRIs have a right to appeal in their civil disputes?
As far as a decree of a civil court is concerned, the same is appealable by way of a first appeal unless barred by a specific statute.
If you have any questions regarding any of our services, feel to reach out to our team.