NRK Services

Legal Solution to NRK Issues

PROPERTY DISPUTES

Non Resident Keralites (NRKs) have a bunch of problems back home which may give them sleepless nights. A sizeable number of those issues are Property related disputes or encroachments that require intervention of revenue authorities as well as police. NRKs who are tied up with constraints in time and knowledge in legal matters are usually unable to keep track of legal problems in Kerala. At NRK Legal Services, we have a network of professional and legal experts in Kerala who are highly experienced in matters relating to Law, Revenue, Registration and Administration that can help you overcome problems and restore the rights of NRKs.
Property can be either Immovable like Land, House, Buildings etc or movable like furniture, vehicles, electronic items, jewelry, bank accounts etc. Property Disputes can be Civil or Criminal or both Civil and Criminal together depending on the nature of the dispute.
Immovable property like Land, Building, House, Apartment, Office etc. can be filed as Property Disputes in a Civil Court under the Civil Procedure Code, 1908.
If the Property issue is related to fraud, then it becomes a criminal offence and the aggrieved person has to approach Police or Magistrate Court and file a criminal complaint.

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MATRIMONIAL ISSUES

Family Law consists of a group of Statutes that govern legal responsibilities between individuals who share a domestic relationship by blood or by marriage. The spread of NRK men & women and families world over in the recent past have raised a number of issues pertaining to marriage, Divorce, Maintenance, Child Custody, Domestic Violence, Guardianship, Adoption, Inheritance & Succession etc. In NRI marriages a number of Personal laws as well as statutes play a vital role in matters relating to various issues. Social security measures are also available in Indian Missions abroad for distressed Indian abroad. Ordinary Residents/NRKs may not be aware of the complexities that are involved in various issues which require professional guidance.

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SERVICE/ADMINISTRATIVE ISSUES

Keralites working in the Government Services and Public Sector Undertakings visit foreign countries either for taking up foreign employment or for joining their spouses employed in the overseas. It’s common in the Gulf Countries that numerous Kerala Government employees in the Medical and Para-Medical and other fields avail Leave Without Allowance (LWA) from the Government or respective Appointing authorities and take up employment in the Gulf Countries in the same field for better salaries, career prospects and other benefits. After availing the LWA facility, several employees leave India without fulfilling several mandatory requirements necessitated by the Service Rules for Government employees/Public undertakings. Such carelessness in on their part may affect their rejoining, promotion, pension etc. when they return back to their parent department after spending years. At NRK Legal Services, our legal luminaries Administrative matters concerning such employees will be able to sort out issues regarding leave sanctioning, promotion, pension, disciplinary proceedings, retirement benefits and similar service related matters. With our long years of dedicated experience in Kerala/Central Administrative Tribunals, we may be able to suggest an amicable legal solution to those issues of Government/Public Sector Employees going to foreign countries.

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CIVIL LITIGATION

Civil litigation suits are private disputes, which can take the shape of Compensation cases for ddamages caused, encroachment into properties, divorce and Family law matters, Contractual Violations, Tenancy disputes etc. we provide quick and effective solutions to all Civil Disputes

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CRIMINAL LITIGATION

It’s the bounden responsibility of the Government is to annihilate all crimes in the society. For every crime committed by any member of the society, the government is the complainant and person who's suspected of committing the offence is the accused. The victim has limited role in the criminal legal process as he/she is only the witness. The prosecutor (Government advocate) is responsible for presenting the case before the court based on the findings by the police investigations and make sure that appropriate punishment is meted out to the accused. If the government wins the case the accused gets either imprisonment or fine or with both. The NRK, if implicated in criminal cases in India either as victim or accused must get proper legal advice as well as representations in courts from expert lawyers specialized in criminal cases.
At www.nrklegal.com, our expert criminal lawyers will be able to conduct cases in Magistrate/Sessions/High court of Kerala and in the Supreme Court. At each stage of the case, we will be able give comfort and solace to our NRK clients by providing expert services like Anticipatory bail, regular bail, trial, appeal, revision, quashing of FIR, permission to go abroad etc.

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PASSPORT& CITIZENSHIP ISSUES

Passport and Citizenship related issues are on the rise since the Gulf boom started in the 1970’s. Several legal and factual matters are involved and to get clearance in India in getting passport and other Travel Documents from the Indian Missions abroad. Children born to foreigners outside India, lost and damaged Passports, Multiple Passports etc are some of the issues NRKs encounter while working/living abroad. Our experienced lawyers and other experts in this field are able to disentangle issues relating to Passport and Citizenship issues of NRKs.

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Consumer Complaints

Consumer courts are established in all parts of India, from district, state and national levels, to deal with consumer disputes, conflicts and grievances. It is a forum where an aggrieved consumer can file a case against a seller or service provider either directly or with the help of an advocate. The all-revised Consumer Protection Act 2019, which came into force in 20 July 2020, aims at safeguarding and strengthening the rights of consumers, who buys any goods or hire any services from anywhere, online or offline, irrespective of whether purchased physically from a marketplace or from the cyber space through electronic means, teleshopping, direct selling or multi-level marketing. The “services” include banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment etc.etc. This new act imposes strict liabilities and penalties on defective product manufacturers, electronic service providers and misleading advertisers.
Pecuniary Jurisdiction: The Pecuniary jurisdiction of the District Commission for goods and services worth up to 1 crore rupees, while the State Commission is above 1 crore and up to 10 crores, and the National Commission is above 10 crores.
Territorial Jurisdiction to file complaints: The Consumers can file complaints at their place of residence or at their workplace.
How to file a consumer complaint: The aggrieved Consumer can file a complaint either directly or through an advocate, by visiting the consumer court and submitting necessary documents. The complaint can also be filed online by visiting the website:https://edaakhil.nic.in/index.html

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TAXATION & CUSTOMS

Taxes collected from citizens are the very foundation of Indian Economy. NRI Taxation under the Indian Income Tax Act, 1961, applies to those earning outside the home country. The income tax rules pertaining to them are drastically different from those applicable to resident Keralites. Our Services starts with, determining the residential status, assessing the taxable income of NRKs, tax planning and avoidance of double taxation etc. We provide hassle free customs clearances which includes documentations, clearances of Cargo and Unaccompanied baggage, Cargo Insurance, Tracking and Pick Up and Delivery services.

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WILLS & CERTIFICATES

A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution with absolute adherence to the Indian Succession Act 1925 , Indian Registration act 1908, Evidence Act 1872 and the Personnel Laws. Our services can be availed for procurement of various certificates from village revenue authorities etc.

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WELFARE SCHEMES FOR NRKs

Both Government of India and Government of Kerala have devised several Schemes for the Welfare of the NRKs working in foreign countries, especially in the Gulf. It’s very unfortunate that most of the NRK beneficiaries are not well aware of the nature of these Schemes, how to subscribe for it as well as how to resolve issues associated with these services. At www.nrklegal.com, we can assist the NRKs to subscribe for the scheme as well as in resolving issues associated with it. Given below are the summary of all the available Welfare Schemes which every NRK can subscribe.

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NATIONAL PENSION SCHEME (NPS) FOR NRIs

The National Pension Scheme for NRIs is an easily accessible, low cost, tax-efficient, flexible and portable retirement savings scheme launched by the Indian Government in 2004. Under the NPS, the individual contributes to his retirement account. Subscribers are allotted a Permanent Retirement Account Number (PRAN) which is unique to every subscriber. NPS is designed on Defined contribution basis wherein the subscriber contributes to his own account. The benefit subscribers ultimately receive depends on the amount of contributions, the returns made on the contributions and the period of contributions.

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EXECUTION OF FOREIGN JUDGMENTS IN INDIA

While living and working in a foreign country there are chances that an NRK may get involved in litigations with compatriots, family members, citizens, companies etc. It will be convenient to proceed with the litigation process in that country itself. But on occasions, even if a favorable decree from the court is obtained, circumstances may arise where it cannot be implemented in that country due to several reasons. The great advantage of the Indian judicial system is that it can be legally enforced in India if it meets certain conditions as explained in the Code of Civil Procedure (CPC) 1908. As per the provisions of the CPC, foreign judgments from “reciprocating territories” are executable in India since it’s considered as decrees passed by District Courts in India . The Limitation Act 1963 prescribes the time limit for 3 years from such judgment being delivered for execution of the decree and for filing of the suit.

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CORPORATE SERVICES

In a Country like India all business forms including Sole Trading Concerns are required to be registered at least with the bodies of the Local Self Governments Department. Charitable Societies, Partnership, Companies, Co-operative Societies etc. meant for group activities are to be registered with the respective Sub Registrar Offices under the Registration Inspector General of the State/Registrar of Companies/Registrar of Co-operative Societies etc. It is not that easy to get it registered personally provided the aspirants for the registration of such organisations have sufficient working knowledge on those Statutes and its application. The NRKs returned from Gulf Countries are being supported by so many Schemes by the Government provided they should submit a detailed Project Report for the business in Kerala/India.
In this regard, they can form business platforms under Partnership Act, Companies Act or Co-operative Societies Act with a financially viable project Report. The NRK Legal Services can assist those aspirants to get ignited their projects by providing legal support.

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REAL ESTATE RELATED ISSUES (PLOTS, VILLAS, APARTMENTS ETC.)

It’s a common practice that Pravasi malayalees are getting cheated while subscribing for the purchase of flats, villas and apartments. Developers amass large sums of money from NRKs with the promise to complete their properties in a time bound manner, but may abscond from starting the work on time or leave aside half completed way or make undue delay in completing the work. Some builders don’t bother to transfer the ownership even if the work is completed. Builders irrespective of whether small or big, spend huge sums of money in giving advertisements and conducting mega melas in foreign countries where there are sizeable number of NRKs for attracting them to subscribe to their projects.
Until recently there were no effective laws either in state or in the centre to curtail the atrocities of the developers. In 2016, the Central Government has passed the Real Estate (Regulation and Development) Act, 2016 for the promotion of the real estate sector and to ensure transparency in sale of plot, construction of flats/villas/apartments etc. with the intention to protect the interests of the consumers. The various provisions in the act ensure the speedy redressal of the complaints of the consumers. The Act mandates compulsory registration of real estate projects, carpet area to be specifically mentioned before sale, payment of at least 70 per cent of the cost through bank accounts etc . There is provision to impose fine as well as jail term for the errant builders. Based on this act, the Government of Kerala has established the Kerala Real Estate Regulatory Authority (RERA) and Real Estate Regulatory Authority Appellate Tribunal, with the capital city of Thiruvananthapuram as its base, to receive the complaints of the consumers and their speedy redressal. The appellate Tribunal can hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and the adjudicating officer for matters connected therewith or incidental thereto.
At www.nrklegal.com, our professional advocates can take up the issues of NRKs concerning plots, flats, villas or apartments to the Real Estate Regulatory Authority/ Appellate Tribunal. For this purpose the NRK need not come to Kerala to file the complaint. Based on a Power of Attorney (PoA), we can pursue the matter with the concerned Authority/Appellate Tribunal.

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NRK Legal Services: We are a highly experienced Professional group of legal luminaries

with special expertise in Property, Matrimonial, Administrative, Consumer, Passports, Citizenship, Immigration and such other laws relating to Non-Resident Keralites living world over.

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