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Real estate for NRIs, Home loans for NRIs, FAQ for property investments
  • NRI Home
  • Real Estate for NRIs
  • NRIs Home Loans and Finance
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For US Property Buyers

CURRENT REGULATIONS IN DETAIL

Non-resident Indians holding Indian passport do not require any permission from RBI for acquiring Immovable Property for bonafide residential purposes as section 31 of FERA 1973 is not applicable to them.

Non-resident Indians holding Indian passport may pay the purchase consideration either by remittance of funds from abroad through normal banking channels or out of NRO Account or out of NRE Account or out of FCNR Account.

As per the recent relaxation RBI has granted General Permission to Non-resident Indians holding Foreign Passport (i.e. Foreign Citizens of Indian Origin) to acquire, hold, transfer or dispose off by way of sale or inheritance of immovable properties situated in India provided :

  • The property is for the purchaser's bonafide residential purpose.
  • The purchase consideration is met either by remittance of funds from abroad through normal banking channels or out of NRE/FCNR Account or out of FCNR Special Deposit Account.

Foreign citizens of Indian origin are however required to declare the properties to RBI within a period of 90 days from the date of purchase in Form IP 17. The following documents must be submitted along with the declaration :

  • A certified copy of the purchase deed or a certificate from the Co-operative Housing Society or an Association of the apartment owners as an evidence of transfer / registration of the property in the declarant's name.
  • Certificate from the declarant's bankers in India evidencing receipt of inward remittance(s) in foreign exchange through normal banking channel or withdrawal of funds from the declarant's NRE/FCNR account / FCNR Special Deposit Account and payment in consideration for the property out of those funds.
  • Where a Foreign Citizen of Indian origin wishes to acquire a property, out of funds held in NRO Account then the aforesaid general permission from RBI will be required which can be applied for in Form IPI 1.
  • Where a Foreign Citizen of Indian origin wishes to acquire a property from the sale proceeds of another property, prior permission of RBI is essential and may be obtained by applying in Form IPI 1.
  • Non-resident Indians regardless of whether they are holding Indian passport provided they are required for bonafide residential purposes can acquire any number of properties.

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Buying Process

For registration, the NRI applicant should go to the registration office in the assigned area. The NRI should carry all the original documents along with photocopies of each.

a) Documents required for registration are:

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NRI Taxation

To be eligible for NRI status the person should be a non-resident under the Income Tax Act. He should be a citizen of India or his parents or grandparents should have been born in undivided India. NRIs based outside India can continue to enjoy non-resident status in India if their presence in India is more than 60 days but less than 182 days, even if their stay in India during the past four financial years is 365 days or more.

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Property Buying
Purchase of immovable property

A person resident outside India can purchase a property under Foreign Exchange Management Act (1999).Under this section an NRI can hold, purchase, and invest in immovable property in Indian currency if such currency or property was acquired, held or owned by such person when he was a resident in India or inherited from a person who was a resident in India.

Mode of payment for purchase:

Payment by NRI can be made out of:

  • funds held in NRE/ NRO/ FCNR account maintained in India
  • funds remitted to India through banks

The company receiving the investment must report to the RBI in form FC-GPR within 30 days of the issue of shares.

No payment can be made by foreign currency or traveler's cheque. Payment cannot be made outside India.

Sale of Immovable Property

NRIs holding Indian passport has the permission to sell the property in India subject to certain conditions. He can transfer any immovable property to a person resident in India. The Non-Residents need to take prior approval of the RBI for sale of residential property in India acquired with specific permission of the RBI to a person resident in or outside India. .

NRIs have been allowed to repatriate original investment in equivalent foreign exchange in residential properties only after obtaining prior approval subject to a maximum of two houses under certain conditions..

Brokerage, legal fees and other expenses incurred in selling the property would be allowed as a deduction from the taxable capital gains.

*Disclaimer- Data provided above is strictly for informational purposes only. We do not make any claims on accuracy of information.

NRI Housing Loan

For NRI's the loan tenure is from 1 to 15 years. NRIs will get only 85% of cost of home as loan amount with an upper limit of Rs. 1 crore. The interest rate will vary depending upon the financial institution. At the time of making loan application a processing fee is payable which will also vary according to the institution. In order to get a housing loan approved by a Housing Finance Company, an NRI borrower is required to submit following documents pertaining to the property

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NRI Home Insurance

Home insurance is essential to safeguard your dream house from unforeseen disasters. It is the guarantee provided by the insurance company that combines insurance on the home, its content, structure etc that might happen due to natural as well as manmade calamities. NRIs wishing to invest in homes in India are eligible to avail of home insurance schemes offered by insurance companies. The policy for home insurance covers losses to structure and contents made by man made calamities or due to natural calamities. These include:

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Repatriation

Repatriation is the transfer of funds from India to your account overseas. If you are planning to buy a property in India with your overseas funds then the funds can be remitted to your Indian account. And while selling the property, the funds can be transferred to your account overseas.

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Remittance

In simple words, remittance means money sent by NRIs to their homeland. Many young professionals are working overseas which has increased the money flow dramatically. Due to this India has been receiving the highest remittances in the world.

Following factors have contributed to these increased remittances to India.
  • The continued tax exemption on interest income has worked as a bonus.
  • Attractive interest rates and enhanced facilities provided by banks and financial institutions to NRIs for investments.

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NRI Banking

In order to meet specific needs of NRIs and with a view to attract their savings and other remittances the government of India in 1970 introduced Non-Resident (External) Account Rules which are governed by the Exchange Control Regulations.

Banking Laws for NRIs allow for accounts with authorized dealers to be maintained in Indian Rupees and in foreign currency. NRI accounts are maintained by banks which hold authorized dealers' licenses from the Reserve Bank of India. Some cooperative and commercial banks have also been specifically permitted to maintain NRI accounts in rupees even though they are not authorized dealers.

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*Disclaimer- Data provided above is strictly for informational purposes only. We do not make any claims on accuracy of information.

NRI Pan Card

It is mandatory for all Indian citizens to have a permanent account number and to pay tax under Income Tax Act, 1961. NRIs holding bank accounts in India already pay tax in the form of TDS that is deducted by banks from your bank accounts. No tax returns need to be filed for this type of income. However in many cases it may be advantageous for some NRIs to file a tax return and claim part or most of the tax that is deducted from your Indian bank accounts.

PAN stands for Permanent Account Number (PAN) which consists of 10 digits alphanumeric number issued by the Income Tax Authority of India in the form of a laminated card. The National Securities Depository Limited (NSDL) has also been engaged to allot PAN cards from TIN facilitation centers.

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PIO Card (Person of Indian Origin)

PIO allows free visa travel and gives several benefits to the card holder. It is guided by the Registration of Foreigners Act, 1939 and Registration of Foreigners Rules, 1992.It states that Persons of Indian origin visiting India on a visa valid for 180 days must register at the nearest Foreigners Regional Registration Office. The PIO Card is aimed at increasing and facilitating the participation of non-resident Indians (or NRIs) in the development of their country, in simpler, easier, flexible and trouble-free ways.

A PIO card is valid for about 15 years from the date of issue subject to the validity of foreign passport. An application for issue of a PIO Card shall be made to an Indian Embassy or Consulate in the country/area where the applicant is ordinarily a resident.

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Demat Account

This is an efficient way of protecting and safeguarding all your shares and eligible securities by holding in an electronic and dematerialized form. NRIs can easily transfer shares from any other Demat account to NRI account. Also, this Demat account will help the NRIs to do online trading and invest their money in India.

NRI Demat Account: No special permission from the RBI is required by NRIs to open a Demat account, though specific cases may require authorization from the designated authorized dealers. NRIs require separate Demat accounts for securities under the foreign direct investment (FDI) scheme, which is repatriable.

When an NRI returns permanently to India, he must inform his designated authorized dealer of his new status, and request him to open a new account. The securities held in the NRI Demat account needs to be transferred to the new resident Demat account and the NRI Demat account gets closed.

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*Disclaimer- Data provided above is strictly for informational purposes only. We do not make any claims on accuracy of information.

FAQs

Do foreign citizens of Indian origin require permission of Reserve Bank to purchase immovable property in India for their residential use?
Yes, but the RBI has granted general permission to foreign citizens of Indian origin to purchase immovable property for their bonafide residential purpose. Therefore, a separate permission of RBI is not required.

From whom can the non-resident inherit immovable property?
An NRI can inherit immovable property from:
i) A person residing in India
ii) A person residing outside India
But the person from whom the property is inherited should have acquired the same in accordance with the foreign exchange regulations applicable at that point of time.

What is the mode of payment for an NRI home loan?
The loan towards the house for the entire tenure has to be paid by the way of direct remittances through normal banking channels. The payments are done through NRO, NRE, FCNR accounts.

What are the formalities required to be completed by foreign citizens of Indian origin for purchasing residential immovable property in India under the general permission?
Few formalities need to be carried out while purchasing a property. Firstly, an NRI is required to file a declaration in form IPI 7 with the Central Office of Reserve Bank at Mumbai within a period of 90 days from the date of purchase of immovable property or final payment of purchase. Along with this he/she must submit a certified copy of the document evidencing the transaction and bank certificate regarding the consideration paid.

Can foreign citizens of Indian origin acquire or dispose of residential property by way of gift?
Yes, the RBI has granted the foreign citizens of Indian origin the permission to acquire or dispose of the properties, but only up to two houses. He/she can gift a person who may be an Indian citizen or a person of Indian origin whether resident in India or not, provided gift tax has been paid.

What are the documents required for obtaining home loan?
An NRI who is seeking to purchase a property is required to submit following documents:

Employment/personal documents:
  • Employment contract
  • Passport along with latest visa stamp
  • Identity card
  • Latest salary slip
  • Overseas bank account statement for last six months
  • Proof of residence in India
  • Proof of residence in Abroad
  • Copy of appointment letter from the company employing the applicant

Property related documents:
  • Agreement papers of sale/construction
  • Receipts for payments
  • Allotment letter from the co-operative society
  • Latest tax paid receipt

What is the repayment period for an NRI home loan?
The period offered for a home loan is usually 5 years. But some of the financial institutions offer home loan for a period of 7 years which has to be paid through EMIs.

Can the properties be given on rent if not required for immediate use?
Yes, the RBI has granted permission for NRIs to give out their property on rent. But the rental income has to be credited to NRO account.

Can NRIs obtain loans for acquisition of a house/flat for residential purpose from financial institutions providing housing finance?
Yes, the RBI has given permission to few financial institutions to grant home loans to non residents for purchasing residential property for self occupation. Examples of such institutes are ICICI, HDFC, LIC Housing Finance, etc.

What is the eligibility for obtaining home loan?
The eligibility for NRI's obtaining home loan includes:
1) Age:

a) The minimum age of the NRI applicant should be 21 years.
b) If you are a salaried applicant, the maximum age allowed is 60 years.
c) If you are a self employed person, the maximum age allowed is 65 years.
2) Qualification: The loan applicant should be a graduate.
3) Passport: The loan seeker should have a valid passport.
4) Payment terms: The NRI has to pay EMI through his NRE/NRO accounts.
5) Monthly income: The applicant should have a monthly income of $ 2000.

How many residential properties can an NRI purchase under the general permission?
An NRI has the right to purchase as many properties he wishes to buy. There are no such restrictions on the number of properties that can be purchased.

Can a person who had bought immovable property when he was a resident, continue to hold such property even after becoming an NRI?
Yes, a person can hold such property after becoming an NRI and he/she need not take separate permission of the RBI.

*Disclaimer- Data provided above is strictly for informational purposes only. We do not make any claims on accuracy of information.

Sale and purchase of immovable property in India:

The Foreign Exchange Management Act, 1999 (FEMA), came in force with effect from June 1, 2000. Section 6 (3) (i) of the Act empowers the Reserve Bank to frame regulations to prohibit, restrict or regulate the acquisition or transfer of immovable property in India by certain persons mainly residents outside India. The restrictions under this clause are not applicable to a lease of immovable property for a period not exceeding five years.

The regulations made by the Reserve Bank are called Foreign Exchange management (Acquisition and Transfer of Immovable property in India) Regulations, 2000, and have been notified vide Notification FEMA No. 21/2000-RB of May 3, 2000

A synopsis of the said Regulations is as under:

  • All persons, whether resident in India or outside India, who are citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal or Bhutan, require prior permission of Reserve Bank for acquiring or transferring any immovable property in India.
  • A person resident outside India, who has been permitted by Reserve Bank to establish a branch, or office, or place of business in India (excluding a Liaison Office), has general permission of Reserve Bank to acquire immovable property in India, which is necessary for, or incidental to, the activity. However, in such cases a declaration, in prescribed form (IPI), is required to be filed with the Reserve Bank, within 90 days of the acquisition of immovable property.
  • An Indian citizen resident outside India does not require any permission to acquire any immovable property in India other than agricultural/plantation property or a farm house.
  • An Indian citizen resident outside India does not require any permission to transfer any immovable property, to a citizen of India who is resident in India.
  • An Indian citizen resident outside India does not require any permission to transfer any immovable property other than agricultural or plantation property or farm house, to a person who: is a citizen of India resident outside India, or is a person of Indian origin resident outside India.
  • A person of Indian origin resident outside India does not require any permission to acquire any immovable property other than agricultural land/farm house/plantation property in India by purchase, from out of funds: received in India by way of inward remittance through banking channel from any place outside India, or held in any non-resident account maintained in accordance with the provisions of the Act and the regulations made by the Reserve Bank under the Act.
  • A person of Indian origin resident outside India does not require any permission to acquire any immovable property in India other than agricultural land/farm house/plantation property by way of gift from a person resident in India or from a person resident outside India who is a citizen of India or from a person of Indian origin resident outside India.
  • A person of Indian origin resident outside India does not require any permission to acquire any immovable property in India by way of inheritance from a person resident outside India who had acquired such property in accordance with the provisions of the foreign exchange law in force at the time of acquisition by him or the provisions of these Regulations or from a person resident in India.
  • A person of Indian origin resident outside India does not require any permission to transfer any immovable property in India other than agricultural land/farm house/plantation property, by way of sale to a person resident in India.
  • A person of Indian origin resident outside India does not require any permission to transfer agricultural land/farm house/plantation property in India, by way of gift or sale to a person resident in India who is a citizen of India.
  • A person of Indian origin resident outside India does not require any permission to transfer residential or commercial property in India by way of gift to a person resident in India or to a person resident outside India who is a citizen of India or to a person of Indian origin resident outside India
  • Repatriation outside India, including credit to RFC, NRE or FCNR account, of sale proceeds of any immovable property situated in India, requires prior permission of the Reserve Bank except in circumstances stated in paragraph 13 below.

In the event of sale of immovable property other than agricultural land/farm house/plantation property in India by a person resident outside India, who is a citizen of India, or a person of Indian origin, the authorized dealer may allow repatriation of the sale proceeds outside India, provided all the following conditions are satisfied:

  • * The immovable property was acquired by the seller in accordance with the provisions of the Exchange Control Rules/Regulations/Law in force at the time of acquisition, or the provisions of the Regulations framed under the Foreign Exchange Management Act, 1999.
  • * The amount to be repatriated does not exceed (a) the amount paid for acquisition of the immovable property in foreign exchange received through normal banking channels or out of funds held in foreign currency non-resident account or (b) the amount paid where such payment was made from the funds held in non-resident external account for acquisition of the property; and
  • * In the case of residential property, the repatriation of sale proceeds is restricted to not more than two such properties.

Authorized Dealers have been permitted to allow the facility of repatriation of funds by NRIs/PIOs in their Non-Resident Ordinary Rupee (NRO) account upto US$ 100,000 per year representing sale proceeds of immovable property held by them for a period of not less than 10 years subject to payment of applicable taxes

* All requests for acquisition of agricultural land/plantation property/farm house by any person resident outside India or foreign nationals may be made to The Chief General Manager, Reserve Bank of India, Central Office, Exchange Control Department, Foreign Investment Division (III), Mumbai 400 001

The NRIs/PIOs can freely rent out their immovable property in India without seeking any permission from the Reserve Bank. The rental income being a current account transaction is freely repatriable outside India.

NOTES:

A. For the purposes of transactions, i.e., transfer, sale, purchase etc., dealing with immovable property in India, a person of Indian origin is defined as under: An individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who:

(i) at any time, held Indian passport; or
(ii) who or either of whose father or whose grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955)

B. For further details please contact the nearest Regional Office of the Reserve Bank of India (Exchange Control Department)