BM Legal (Advocates & Lawyers) is a Mumbai-based full-service law firm with 19+ years of experience in real estate and property disputes.
Headquartered at Andheri West, Mumbai, we specialize in helping Non-Resident Indians (NRIs) protect, manage, and legally secure their property interests in India.

From fraudulent gift deeds and illegal sales to redevelopment disputes and inheritance transfers, we act as your trusted legal arm in Mumbai, ensuring your assets are never compromised — even if you are thousands of miles away.

• Property Health Check: We conduct a comprehensive review of your property’s legal status. This includes a thorough title search, encumbrance check, and an audit of society records to identify any existing red flags.
• Fraud Watch: We have a system to monitor for any suspicious or illegal activity related to your property’s ownership and title.
• Initial Consultations: For urgent matters like fraudulent transfers or challenges to gift deeds/wills, we provide expert legal advice and a clear roadmap for litigation.

📞 Contact: +91 99673 14500 | 📧 attorneymalhi@gmail.com, info@bmlegal.in | 🌐 www.bmlegal.in

---

⚖️ Why NRIs Choose Us

• ✅ Local expertise + international client servicing

• ✅ Proven track record in fraud & property disputes

• ✅ Transparent fixed packages – no hidden fees

• ✅ Court representation + out-of-court solutions

• ✅ Dedicated NRI desk with regular updates

---

🛡️ Our Core NRI Property Services

1. Property Health Check & Title Verification

• Encumbrance search & Registrar verification
• Society share certificate scrutiny
• Title defect detection under Transfer of Property Act (TPA)
• Helps prevent future disputes & fraud

2. Fraud Protection & Litigation

• Challenge fraudulent gift deeds under Indian Contract Act & Evidence Act
• Drafting & Serving of Legal Notice within 72 hours of instruction.
• Filing of Suit (Plaint) or Criminal Complaint.
• Quarterly Litigation Progress Report via dedicated online portal/email.
• Set aside transactions made using fake medical certificates or coercion
• Civil suits for declaration, injunction & possession
• Criminal complaints under IPC & Registration Act for impersonation/fraud

3. Redevelopment & Society Advisory

• Vetting builder agreements under MOFA & RERA
• Detailed Vetting Report (15+ pages) summarizing RERA/MOFA risks.
• Drafting of specific amendments/clauses to protect NRI interests.
• Minutes of all Society/Builder Meetings attended on your behalf.
• Legal representation of NRI society members in redevelopment projects
• Ensuring builder complies with OC (Occupation Certificate) & handover timelines
• Safeguarding NRI interests in joint ventures

4. Succession, Inheritance & Estate Planning

• Probate of wills under Indian Succession Act
• Draft Petition for Probate/Succession Certificate.
• Final Court Certified Copy of Probate/Letters of Administration.
• Registered Will Document (physical copy and digital scan)
• Partition suits for joint family property
• Drafting & registration of wills / POA for NRIs

5. Annual Retainership for NRIs

• Regular monitoring of your Mumbai property with Quarterly Physical Inspection Report (with geo-tagged photos/videos of property status).
• Monthly Email Summary of all Society/Municipal Notices.
• Dedicated Legal Associate (name/contact) for 24/7 legal coordination.
• Verification of society notices, municipal demands, property tax payments
• Immediate legal action in case of encroachments or fraud
• Structured retainership packages (₹1.5–3 lakh/year depending on scope)

6. Alternative Dispute Resolution (ADR) – Mediation & Arbitration

• Family Property Settlement
• Pre-Litigation Negotiation: Structured negotiation with builders/parties to avoid court battles.
• Representation in Arbitration: Handling disputes before a sole or panel arbitrator
• (e.g., in builder contract disputes).
• Mediation Representation: Representing the NRI in court-mandated or private mediation sessions.

7. Family Property Settlement – Memorandum of Understanding (MOU) Drafting:

• Drafting family settlements/partition deeds for joint family property.
• Formal Registration: Registration of the Partition Deed or Settlement Deed with the Sub-Registrar.

8. FEMA & RBI Compliance Advisory

• Repatriation Guidance: Advisory on the legal process, documentation, and
• Limitations for repatriating sale proceeds or rental income out of India.
• NRO/NRE Account Structuring: Legal advice on maintaining property accounts
• (rental income, taxes) as per RBI guidelines.
• Acquisition/Transfer Rules: Advising on the legality of acquiring property in India
• (jointly or singularly) as per current FEMA rules.

9. Capital Gains Tax Strategy -TDS Exemption/Lower Deduction:

• Assistance in applying for a certificate from the Income Tax Department for NIL or
• Lower TDS deduction at the time of sale.
• Capital Gains Exemption Vetting: Legal review of reinvestment options
• (e.g. Section 54/54EC) to claim full or partial tax exemption.

10.Certified Document Procurement

• Certified Copies: Application and procurement of certified copies
• of original deeds, sale agreements, and Index II from the Sub-Registrar’s Office.
• Revenue Records: Obtaining up-to-date 7/12 Extract (for land) or
• Property Card (for Mumbai city) from the Revenue Department.

---

📌 Additional NRI-Focused Property Services

• ✅ Power of Attorney (POA) Drafting & Registration – enabling NRIs to act through local representatives.

• ✅ Property Sale Assistance – end-to-end advisory for NRI property sales, including FEMA & Income Tax compliance.

• ✅ Rental Management – lease agreements, tenant eviction under Maharashtra Rent Control Act.

• ✅ Tax & FEMA Compliance – guidance on TDS, capital gains tax, DTAA (Double Taxation Avoidance Agreement).

• ✅ Encroachment & Trespass Actions – eviction proceedings under Civil Procedure Code (CPC).

• ✅ Registrar & Sub-Registrar Liaison – rectification deeds, mutation entries, certified copies.

---

❓ Frequently Asked Questions (FAQs)

 

🏠 Property Verification & Health Check

Q1. Why is a Property Health Check important for NRIs?
➡️ Because NRIs are not physically present in India, fraudsters often misuse this gap. A health check verifies title, encumbrances, and society records under the Registration Act and Transfer of Property Act, ensuring there are no hidden disputes.

Q2. Can you verify whether my flat has been illegally transferred?
➡️ Yes. We conduct registrar searches, obtain certified copies, and check society records to confirm any transfer or suspicious activity.

---

⚖️ Fraud Protection & Litigation

Q3. How do I challenge a fraudulent gift deed in Mumbai?
➡️ A declaratory suit under Section 34 of the Specific Relief Act can be filed to declare the deed void. If fraud or coercion is involved, it can also attract BNS provisions (Bhartiya Nyaya Sanhita replaced with Indian Penal Code) for criminal prosecution.

Q4. What if someone uses a fake medical certificate to show my parent was of unsound mind?
➡️ Such deeds can be invalidated under the Indian Contract Act, 1872 and Bhartiya Sakshya Adhiniyam — courts examine medical and witness evidence to set aside such fraudulent transfers.

---

🏢 Newly Acquired property or Redevelopment & Society Advisory

Q5. I am an NRI society member — how do I safeguard my rights in redevelopment?
➡️ Under MOFA and RERA, builders must provide clear timelines, OC, and possession. We ensure redevelopment agreements are vetted and that NRIs get equal rights as resident members.

Q6. Can a builder charge interest from me before giving Occupation Certificate?
➡️ No. Under MOFA Section 7 and RERA provisions, builders cannot demand full payment or interest until OC is received and possession is offered.

---

👪 Succession & Inheritance

Q7. What is the process if my parent dies without a will in Mumbai?
➡️ If there’s no will, succession is governed by Hindu Succession Act, Indian Succession Act, or personal laws (depending on religion). You will need a Succession Certificate or Letters of Administration from court.

Q8. Can I probate a will while living abroad?
➡️ Yes. Probate proceedings can be filed in Mumbai courts. You may appoint us through a Power of Attorney to represent you in all hearings.

---

📜 Power of Attorney (POA)

Q9. How can I execute a Power of Attorney from abroad?
➡️ The POA can be signed before the Indian Consulate in your country, notarized, and then sent to India for stamping and registration under the Registration Act, 1908.

Q10. Can a POA holder sell my property in Mumbai?
➡️ Yes, if the POA is specific and properly stamped/registered. Courts strictly examine the scope of POA in property transactions.

---

💰 Sale & Taxation for NRIs

Q11. Do I need RBI permission to sell my property in Mumbai?
➡️ No prior RBI approval is required for selling residential/commercial property, but compliance with FEMA rules and TDS on sale proceeds is mandatory.

Q12. How much TDS will a buyer deduct on purchase from an NRI?
➡️ Generally 20% on long-term capital gains (plus surcharge/cess). We help structure sales to minimize tax impact using DTAA benefits.

---

🏠 Rental & Property Management

Q13. Can I lease out my flat in Mumbai while abroad?
➡️ Yes. A proper Leave & License Agreement registered under the Maharashtra Rent Control Act is mandatory.

Q14. How do I evict a tenant who is not paying rent?
➡️ Eviction can be sought under the Rent Control Act or through a summary eviction petition in court. We handle eviction end-to-end.

---

🚫 Encroachment & Trespass

Q15. What if relatives or strangers occupy my vacant flat?
➡️ Immediate legal action is required under CPC for possession, and if criminal trespass is involved, under  Sections 329 to 334 of Bharatiya Nyaya Sanhita 2023 criminal proceedings can be initiated. Though Delay can weaken your case.

Q16. Can an NRI monitor such encroachments remotely?
➡️ Yes. Through our Annual Retainership, we physically inspect and verify property status, ensuring quick detection and response.

---

📑 Registrar & Mutation Services

Q17. What is property mutation and why is it important?
➡️ Mutation updates the property in municipal records in your name after purchase or inheritance. Without mutation, you may face issues in tax, redevelopment, or resale.

Q18. Can mutation be done if I live abroad?
➡️ Yes. You can appoint us via POA to apply for mutation and follow up with municipal authorities.

⚖️ Mediation & Arbitration

Q19. Is Mediation a faster way to settle property disputes than going to court?

➡️ Yes. Court litigation can take years. Mediation aims to resolve the dispute in weeks or months through structured negotiation, saving considerable time, cost, and emotional stress.

💰 Taxation & FEMA Compliance

Q20. Can BM Legal help me apply for a lower TDS rate when I sell my property?

➡️ Absolutely. We prepare and file the application with the Income Tax Department (Form 13) to obtain a certificate for a NIL or lower TDS rate on the sale proceeds, preventing the buyer from deducting the standard 20-30% upfront.

📑 Administrative Services

Q21. I have lost my original Sale Deed. Can you help me get a legal copy?

➡️ Yes. We will apply to the Sub-Registrar’s Office for a Certified Copy of the registered Sale Deed and Index II. This copy is legally valid for all purposes, including sale and court submission

---

📍 Contact BM Legal – NRI Property Protection Desk

Office Address:
BM Legal (Advocates & Lawyers)
424, Mohid Heights, Suresh Nagar, Andheri West, Mumbai, Maharashtra

📞 Phone: +91 99673 14500
📧 Email: attorneymalhi@gmail.com, info@bmlegal.in
🌐 Website: www.bmlegal.in

“Your property is your legacy — let us protect it for you.”