Dr Justice AR Lakshmanan Lecture on ‘Property Related Issue
of NRLs / PIOs’
LAW
FOR NON-RESIDENT INDIAN FAMILIES
There
are a large number of legal issues that concern a sizeable section of the
Global Indian Community residing abroad.
Though the non - resident Indians have increased
multi fold in foreign jurisdictions,
but family law
disputes and situations are handicapped for want of proper professional information and advice on Indian laws.
The lure
for settling in foreign jurisdictions attracts a sizeable Indian population but
the problems created by such migration largely remain
unresolved.
 |
| Dr Justice AR Lakshmanan |
THE
SEARCH FOR SOLUTION IN LAW..!
Worldwide,
solicitors and litigants overseas frantically look for professional opinions
and
advice when the
problems come to the Indian resident abroad.
There are a plethora of problems in matters concerning succession and
transfer of property, banking affairs, taxation issues, execution and
implementation of wills and other commercial propositions for non-resident
Indians.
However,
application of multiple laws, their judicial interpretation & other legalities
often leaves the problems unresolved even though remedies partially exist in
Indian law and partly need new urgent legislation.
The number of Non Resident Indians has multiplied in every
jurisdiction abroad. However, family, property, kith and kin or the love for
the motherland keeps bringing the NRI back on Indian soil in body or in soul.
With this return the NRI seeks a remedy for his legal problem connected with
his temporary or permanent return to India. This invariably
makes the
NRI import the foreign law of the overseas jurisdiction from where he has
migrated.
Such a situation
is created because either Indian law provides
him no remedy or because he finds it easier and quicker to import a
foreign court judgment to India on the basis of alien law which has no parallel
in the Indian jurisdiction.
This clash of jurisdictional law is commonly called Conflict
of Laws in the realm of Private
International Laws which is not yet a developed jurisprudence in the Indian
territory.
Src: Our Building and
Construction, March 2013
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