India real estate RERA lawyer
The Real Estate (Regulation and Development) Act, 2016 (RERA) established a regulatory framework for India’s real estate sector, creating rights and remedies for property buyers—including non-resident Indians (NRIs) and overseas citizens of India (OCIs)—who have purchased or invested in Indian real estate. When a buyer based in the United States faces a delayed possession, a title defect, or a builder default involving property in India, the matter spans two legal systems. Sowmya R, Of Counsel, is enrolled with the State Bar Council of Madhya Pradesh (Enrollment No. MP2285/2014) and is admitted to practice law in India. She is not admitted in any US state bar. Her role is limited to India-law matters in collaboration with the US-admitted attorneys of the firm. This page provides general information and is not legal advice; no attorney-client relationship is formed by viewing it.
Understanding RERA and cross-border real estate matters
RERA, enacted by the Indian Parliament and brought into force on 1 May 2017, mandates that every state and union territory establish a Real Estate Regulatory Authority to register residential and commercial projects, enforce builder obligations, and adjudicate buyer complaints. The Act requires developers to register projects before advertising or selling units, to deposit 70 percent of buyer receipts into a dedicated escrow account, and to deliver possession by the date specified in the sale agreement. Buyers may file complaints with the state RERA authority for delayed possession, defective construction, or failure to register a project. Appeals from RERA orders lie to the Real Estate Appellate Tribunal. The framework is set out in the Real Estate (Regulation and Development) Act, 2016 and the rules notified by each state under it.
For a buyer in the United States, a RERA dispute introduces cross-border procedural questions. The buyer may need to authenticate documents—such as the sale agreement, payment records, and identity proofs—for use before an Indian authority. India is a contracting party to the 1961 Hague Apostille Convention, in force for India since 14 July 2005. A US-issued document destined for a RERA proceeding may be authenticated by apostille rather than consular legalization. The buyer may also need to determine whether to participate in RERA proceedings from the United States or to travel to India, and how to coordinate with India-admitted counsel who can appear before the RERA authority.
How US-admitted and India-admitted counsel collaborate
In a cross-border RERA matter, the US-admitted attorneys of Law Offices of SRIS, P.C. handle the US-side dimensions—document authentication, coordination with US financial institutions, and advice on any US-law questions that arise—while India-admitted Of Counsel handle the India-law side, including RERA complaint filing, appearance before the state RERA authority, and advice on Indian property and contract law. The two sides maintain strict jurisdictional separation. The US-admitted attorneys do not practice India law, and the India-admitted Of Counsel do not practice US law. This division of roles is designed to comply with the unauthorized-practice-of-law rules of each jurisdiction while providing coordinated support for the client.
For example, when an NRI in Virginia needs to file a RERA complaint against a builder in Maharashtra, the US-admitted attorney may assist with preparing an affidavit, obtaining an apostille from the Virginia Secretary of State, and advising on any US tax or reporting implications of the dispute. The India-admitted Of Counsel reviews the sale agreement under Indian contract law, drafts the RERA complaint in the prescribed format, and appears before the Maharashtra Real Estate Regulatory Authority. The client receives coordinated counsel without either attorney crossing into the other’s licensed jurisdiction.
About Mr. Sris and the India Of Counsel
Atchuthan Sriskandarajah, Esq. (Mr. Sris) is the founder of Law Offices of SRIS, P.C. and is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has practiced since 1997. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g). On cross-border India real estate matters, Mr. Sris serves as the responsible US attorney, handling the US-law dimensions of the matter and coordinating with the firm’s India-admitted Of Counsel.
For India-law matters, the firm works with Sowmya R, Of Counsel, who is enrolled with the State Bar Council of Madhya Pradesh (Enrollment No. MP2285/2014) and is admitted to practice law in India. She is not admitted in any US state bar. Her role is limited to India-law matters in collaboration with the US-admitted attorneys of the firm. All US-law aspects are handled by Mr. Sris and the US-admitted attorneys of the firm. The firm’s principal location is in Virginia, by appointment only. The firm holds no location in India.
Frequently asked questions
What is RERA and how does it protect property buyers in India?
RERA is the Real Estate (Regulation and Development) Act, 2016, an Indian parliamentary statute that requires real estate developers to register projects, maintain escrow accounts, and adhere to delivery timelines, and that gives buyers a statutory forum to seek redress for builder defaults. Under RERA, a developer who fails to deliver possession by the agreed date may be ordered to refund the buyer’s payment with interest or to pay compensation for the delay. The Act also requires developers to disclose project plans, approvals, and completion schedules on the state RERA authority’s website. Buyers can verify whether a project is registered before purchasing. RERA applies to both residential and commercial projects meeting the statutory threshold, and its protections extend to NRIs and OCIs who have purchased property in India.
Can a US citizen or NRI purchase real estate in India?
A non-resident Indian (NRI) or overseas citizen of India (OCI) may generally purchase residential and commercial property in India without prior government approval, subject to the rules under the Foreign Exchange Management Act, 1999 (FEMA) administered by the Reserve Bank of India. A US citizen who is not of Indian origin faces different restrictions and generally may not purchase agricultural land, plantation property, or farmhouses. Foreign nationals may acquire property in India through inheritance or, in certain cases, with prior approval from the Reserve Bank of India. The specific rules depend on the buyer’s citizenship and residency status, the type of property, and the location. A buyer considering a purchase should verify the applicable FEMA regulations and consult India-admitted counsel before completing a transaction.
What should an NRI do if a builder in India delays possession of a property?
An NRI whose builder has delayed possession beyond the date specified in the sale agreement may file a complaint with the state RERA authority where the project is registered, seeking either delivery of possession with compensation or a refund of the amount paid with interest. The complaint must be filed in the prescribed form with supporting documents, including the sale agreement, payment receipts, and correspondence with the builder. The RERA authority has the power to direct the builder to complete the project, to refund payments, or to pay compensation. The buyer may also have remedies under the consumer protection framework or through civil suit, depending on the facts. Because RERA procedures and state rules vary, a buyer should consult India-admitted counsel about the specific forum and remedy available for the particular project and state.
How are RERA complaints filed and resolved?
A RERA complaint is filed with the Real Estate Regulatory Authority of the state where the project is located, using the form prescribed by that state’s RERA rules. The complaint must identify the project, the builder, the nature of the grievance, and the relief sought. The authority may call for documents, hold hearings, and issue orders directing the builder to act. If the builder fails to comply, the authority may impose penalties or refer the matter for enforcement. A party aggrieved by a RERA order may appeal to the Real Estate Appellate Tribunal within the period prescribed by the Act. The procedural details—including filing fees, document requirements, and hearing format—vary by state, and a buyer should verify the current rules of the relevant state RERA authority.
What is the role of US-admitted counsel in an India real estate dispute?
US-admitted counsel in an India real estate dispute handle the US-side dimensions of the matter, including authenticating documents for use in India, advising on US-law questions that arise from the cross-border context, and coordinating with India-admitted counsel who handle the RERA proceedings and India-law aspects. For example, a US-admitted attorney may assist a client in Virginia with obtaining an apostille for a power of attorney or affidavit that must be submitted to a RERA authority in India. The US-admitted attorney may also advise on any US tax, reporting, or asset-disclosure obligations connected to the India property or the dispute. The US-admitted attorney does not file RERA complaints, appear before Indian authorities, or advise on Indian property law—those functions are performed by India-admitted counsel. The two counsel collaborate while maintaining strict jurisdictional separation.
How does document authentication work for RERA proceedings when the buyer is in the United States?
Because India is a contracting party to the 1961 Hague Apostille Convention, a US-issued document needed for a RERA proceeding—such as a power of attorney, affidavit, or identity certification—may be authenticated by obtaining an apostille from the competent authority of the US state where the document was executed, rather than through consular legalization. The apostille certifies the authenticity of the document’s signature, seal, or stamp and is recognized in India without further authentication by the Indian embassy or consulate. The specific procedure for obtaining an apostille varies by US state; in Virginia, for example, apostilles are issued by the Secretary of the Commonwealth. A buyer should verify the current apostille requirements of the issuing state and confirm that the document meets the formatting requirements of the Indian authority where it will be submitted.