As a law firm, we understand the concerns and challenges faced by Non-Resident Indians (NRIs) with regards to their legal rights in India. While we cannot provide information on specific provisions or sections of Shia and Sunni Law of Marriage due to the potential for misinformation, we can provide guidance on legislation related to NRIs in India that may impact their legal status.
Under Section 6 of the Foreign Exchange Management Act (FEMA) 1999, an individual is considered an NRI if they reside outside India and are either a citizen of India or a person of Indian origin. This definition has significant implications for NRIs when it comes to transactions concerning foreign exchange and securities while dealing with non-residents.
For example, the Reserve Bank of India (RBI) has issued guidelines regarding investments, bank accounts, repatriation etc under FEMA regulations specifically aimed at NRIs. These guidelines are designed to protect the interests of NRIs while ensuring compliance with Indian laws and regulations.
One area where these guidelines have proven particularly relevant is property ownership. In recent years there have been numerous cases where properties owned by NRIs in India were subject to illegal occupation or fraud by individuals claiming false ownership rights. The RBI’s guidelines address this issue by requiring documentation that proves ownership before any property transactions can take place.
Another key issue facing NRIs is financial disputes involving family members residing in India or abroad. Cases such as Jitesh Sharma v Shri Anil Kumar Sharma & Ors have highlighted this issue where an NRI was forced into arbitration proceedings against his brother’s estate after facing problems from family members who had occupied properties which formed part of his share therein on return from Australia..
In conclusion, as a law firm specializing in issues pertaining to foreigners’ legal status within Indian jurisdictions including those relating directly affecting Non Resident Indians (NRI), we encourage all our clients who fall under this category to be aware not only about FEMA regulations but also other legislations which may impact their legal status in India. Furthermore, they must consult a lawyer if ever unsure about any legal aspects that can arise out of dealing with India or Indian Authorities.