Judgment Against Property For Nri In India In Philadelphia
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When it comes to enforcement, a foreign judgment must be final and not fall within the ambit of some special cases specified in Section 13 of the Code of Civil Procedure, 1908 (CPC). Indian law doesn't stipulate the kinds of judgments that may be implemented.
With the country's growing economy and expanding real estate sector, NRI buying property in India is becoming a smart investment choice. From favourable currency exchange rates to simplified buying process, there are numerous benefits that make the Indian property market an attractive option for NRIs.
Similarly, foreign judgments from courts of non-reciprocating territories are not directly enforceable in India and require the filing of a fresh civil suit in India, where the foreign judgment will carry evidentiary weight to be assessed ing to the Indian Evidence Act, 1872.
Illegal possession of property is a serious concern for NRIs in India. While preventive measures such as securing property, maintaining proper documentation, and hiring reliable caretakers can reduce risks, legal remedies are essential for reclaiming possession in case of encroachment or disputes.
However, NRIs visiting India and Indian citizens leaving for employment abroad or as crew members of Indian ships are exempt from the 60-day rule. If NRIs visiting India earn more than ₹15 lakh (excluding foreign-sourced income), the 60-day requirement extends to 120 days.
Enforcement of a Foreign Judgment in the U.S. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.
The decree holder must file an application for execution of the foreign judgment or decree in the competent Indian court. A certified copy of the decree and a certificate from the superior court of the foreign country stating the amount, if any that has been satisfied under the decree must also be submitted.
— A petition for recognition and/or enforcement of a foreign judgment or decision for support may be filed in the court which has territorial jurisdiction over the place where the petitioner or respondent actually resides, at the election of the petitioner.
The SPEECH Act prohibits any domestic court from recognizing or enforcing a foreign defamation judgment if the foreign jurisdiction's libel laws do not provide as much protection to speech as does the First Amendment and/or the libel law of the state in which the domestic court sits.
The first point to note is that the US is not a signatory to any convention or treaty in relation to the enforcement of foreign judgments. The recognition and enforcement of an English judgment in the US will depend on the state in which that recognition and enforcement is sought.
