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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REPATRIATION OF INVESTMENT IN RESIDENTIAL PROPERTY
The Reserve Bank of India has vide Notification No. FERA/152/93-RB dated 26.05.93 permitted persons of Indian Origin whether holding Indian passport or a Foreign passport (NRI), to repatriate the original investment in equivalent foreign exchange after obtaining prior approval from the Reserve Bank of India.This facility will however be restricted to maximum of two houses.
The above permission allowing repatriation is subject to the following conditions:
- The residential properties are purchased on or after 26.05.1993.
- The residential properties are not transferred or sold for a period of 3 years from the date of the final purchase deed or from the date of payment of final installment, where the agreement for purchase so provides.
- Only the amount of sale proceeds equivalent to the original investment in foreign exchange will be allowed to be repatriated outside India; balance if any, will have to be credited to the NRO Account of the NRI.
- The repatriation is subjected to prior approval from RBI, which is required to be obtained in Form IPI 8, within a period of 90 days of the sale of the property. Form IPI 8 must be accompanied by a copy of the Form IPI 7 submitted earlier at the time of acquisition of the property.
LETTING OUT OF IMMOVABLE (COMMERCIAL / RESIDENTIAL) PROPERTY
Under Section 29 of the Foreign Exchange Regulation Act 1973, the Reserve Bank of India has granted General Permission to Foreign Citizens of Indian origin and Indian Citizens residing outside India to let out their immovable properties (Commercial / Residential).
The rental income or proceeds of any investments out of such income shall be repartriable outside India subject to the conditions mentioned on next page.
ACQUISITION OF RESIDENTIAL PROPERTY BY FOREIGN NATIONALS OF NON-INDIAN ORIGIN
The Reserve Bank of India on an application in Form IPI I may consider favorably property by Foreign Nationals of Non-Indian origin provided:
- The purchase consideration is met out of funds remitted from abroad.
- The property is acquired for bonafide residential use.
- The Foreign National of Non-Indian origin undertakes not to repatriate the sale proceeds.
Purchase / Sale of Immovable Property in India by Non-Resident Indians Foreigners of Indian Origin and Other Foreigners, etc.
|
Residential Purpose |
Commercial Purpose |
Funds for Investment in Property |
Letting out of property |
Proceeds Repatriable / Non - repatriable |
Non Resident Indian |
No RBI Approval required |
No RBI Approval required |
a) Direct remittance NRO / NRE A/C
b) Loans against NRE/ FCNR
Deposits for Residential
House only |
No RBI approval required |
Repatriation of Sale Proceeds equivalent to the Original Investment is permitted for a maximum of two houses as well as Commercial Property after 3 years of acquisition (i.e. possession) or payment of last instalment, which ever is later, provided the investment is out of direct remittance or NRE/ FCNRaccount Form IPI 8 to be submitted to RBI within 90 days of sale of the property. |
Foreign Citizen of Indian origin |
No prior RBI approval only intimation to RBI in Form IPI-7 within 90 days of purchase (Press Release dated 8/1/1992) |
No RBI approval required Intimation to RBI in Form IPI-7 within 90 days of purchase (08/06/93 Circular) |
a) Out of NRE/FCNR A/C
or Foreign remittance
b) Loans against NRE/ FCNR
Deposits for Residential House only
c) With prior approval
of RBI from NRO Account |
No RBI approval required |
-Do- |
Non Citizen of Foreign origin i.e. Foreigners |
RBI approval required (Circular dated 23/3/1992) |
RBI approval required |
Direct remittance |
RBI approval required (Circular dated 23/3/1992) |
Non Repatriable |
OCB
a) Controlled by NRI 60%
b) Others |
RBI approval required
RBI approval required
|
RBI approval required
RBI approval required
|
Direct remittance
Direct remittance
|
No RBI approval required
No RBI approval required
|
Non Repatriable
Non Repatriable
|
FERA Companies |
No RBI approval required (FERA 104/92-RB Dated, 29/1/92) |
No RBI approval required |
Direct remittance |
No RBI approval (Circular Dated 23/3/1992) |
Non Repatriable |
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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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- Property Card of the land on which the property is being registered is situated.
- No Objection Certificate (NOC) under the Urban Land Ceiling Act if the area of the land transferred exceeds the maximum limit.
- Contact details such as phone number, email address, person to contact in your absence etc.
- If the land belongs to a government or semi-government body then a No Objection Certificate from the government or that particular semi-government body must be produced.
- If the property being sold/purchased is in an old building and the benefit of depreciation is to be claimed on the market value, following papers are required to be submitted:
- Municipal Assessment Bill of the building
- Building Completion Certificate
- Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building
b) If necessary, all the documents should be reviewed by a lawyer within 15 working days.
c) Agreement is to be done within 15 days of booking.
d) Stamp duty must be paid before the execution of agreement and as per the market value.
e) Timely payment installments as per the work stages.
f) Possession agreement is required to be done between the buyer and the seller.
g) Keys will be handed after possession agreement and upon completion of the payment.
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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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The Government of India has entered into tax treaties or Double Tax Avoidance Agreements (DTAA) with several countries where Indians reside in large numbers. NRIs can benefit from this tax because these tax treaties often provide lower tax rates and exemptions in addition to those available under the domestic tax provisions.
NRIs are taxable on income accrued or received in India. Income earned and received outside India is not taxable in India. If an NRI comes back to India and loses his NRI status, he will not be subject to tax in India on his world-wide income if either of the following two conditions are satisfied:
1. He has been in India for not more than 729 days during the preceding seven financial years;
or
2. He has qualified as a non-resident for nine out of 10 preceding financial years.
An NRI coming back to India after a long stay overseas may be exempted from tax for first two years only if the above mentioned conditions are satisfied.
Tax Exemptions
The Income-Tax Act has provided procedure under section 197 whereby an NRI can apply to the Assessing officer to issue specific certificate authorizing the payer of income to deduct tax at a lower rate or nil rate as the case may be. The NRI should estimate his income, tax liability and likely TDS and then apply for partial or complete Tax Exemption Certificate. Any NRI from whose income the tax is likely to be deducted can apply to obtain exemption for tax deduction on the basis that his/her income in India is less than Rs.1, 50,000/- per year or if the likely to be deducted tax is more than the estimated tax liability.
The following two deductions are available under the Income Tax Act, 1961.
Standard Deduction: 30% of net annual value is deductible irrespective of any expenditure incurred by the taxpayer.
Interest on Borrowed capital: Interest on borrowed capital is permitted as deduction if capital is borrowed for the purpose of purchase, construction, repair, renewal or reconstruction of the house property. If the person has occupied more than one house then in that case only one house (according to his choice) is treated as self-occupied and all other houses will be "deemed to be let out".
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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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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 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
Eligibility:
The eligibility for NRIs does differ from Resident Indians. The criteria's included are:
-
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 at the time of loan maturity is 60 years.
- c) If you are a self employed person, the maximum age allowed at the time of loan maturity is 65 years.
- 2) Qualification: The loan applicant should be a graduate.
- 3) Passport: You 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.
Rate of interest:
Rate of interest will be as per the current rates and may vary, as different financial institutions have different rates. Possessing fees also varies between 1% and 2% depending on different financial institutions.
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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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- Earthquake
- Explosion or implosion
- Bursting/ overflowing of water tanks or pipes
- Floods, hurricane, storm
- Missile testing operations
- Burglary
- Lightning
- Aircraft damage
Some insurance companies offer their policy for the damage caused to the structure and contents due to terrorism.
Insurance companies insure the sum for the reconstruction value. Reconstruction value is the cost incurred to reconstruct the home if it is damaged. Sum insured is calculated by multiplying the built up area of the home with the construction rate per sq. feet, e.g. if the built up area of a house is 2000 sq. feet and the construction rate is Rs.1000 per sq. feet, the sum insured for the home structure is Rs. 20,00,000.
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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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Ways for Repatriation:
NRI accounts -
- RFC account (Resident Foreign account): This account is available for those Indians who are permanently returning back to India.
- NRE (Non-Resident External Account) account (Savings/Current/ Fixed Deposits): This does not require prior permission from RBI. Many banks offer this facility.
- FCNR (Foreign Currency Non-Resident Account) (Deposits): FCNR Deposits are fully repatriable and the entire deposit is exempted from tax.
- NRO account Non-Resident Ordinary Account(Savings): NRO deposits are not repatriable (principal) except on current NRI income like rent, dividend, pension, etc. and remittances indicated under "Repatriation of NRO Funds" only after payment of taxes due in India. Interest is freely repatriable.
Terms and conditions for Repatriation:
- Repatriation should be done via 'authorized person'.
- Income earned out of interest, dividends, rent, from any type of deposit, investment or properties is allowed for repatriation.
- Property against which remittance is sought should be acquired in accordance with the provisions of foreign exchange law in force and should be according to the laws.
- Repatriation is allowed only after obtaining special permission of the Reserve Bank of India on specific reasons such as adversity and subject to conditions as specified in the permission.
- Documentary evidence in support of acquiring the funds proposed to be remitted should be produced.
Legacy and Bequest:
- NRIs/PIOs are permitted to repatriate the funds held in their NRO A/c up to US $ 100,000 a year where sale proceeds of immovable property held by them for period of not less than 10 years is subject to payment of taxes. If the property is sold within 10 years remittance can be made, only if the sale proceeds have been held by the NRI/PIO for the balance period in an NRO Account. Such NRIs are exempted from RBI permission.
- Any NRI holding immovable property in India, who does not match the eligibility criteria, mentioned in the above clause require RBI permission to repatriate property's sale proceeds.
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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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Different ways to remit money
- Through banks: If you and your beneficiary have accounts in the same bank then this serves as the most convenient method for remitting money.
- Through Internet: Remittance through Internet is one of the ways of remitting your money in a quicker way but you should verify it very carefully.
- Through agents: Some organizations act as money transfer agents. Such organizations offer better conversion rates and charge small fee for funds.
RBI recommendations on remittance:
- RBI has encouraged NRIs to use Indian or Foreign banks having branches in India to remit their money by creating awareness programs through the respective banks' websites.
- RBI has also suggested the banks to minimize the cost of remittances.
Things needed to be taken care of while transferring money:
- It is important to check the limits of maximum amount that is to be transferred.
- It is a must to enquire about the rates before making your transaction since exchange rates provided by the service providers may vary.
- There are some online providers who will not refund your money in case of error. So it is advisable to check the creditability of the provider.
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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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The Foreign Exchange Management Act, 1999 enlists various deposit schemes available to NRIs. The types of deposit schemes include:
- NRE Account: Non- Resident (External) Rupee Account for all NRIs: It can be maintained in current/savings/fixed deposit form. The funds in this account are totally repatriable.
- NRO account: It can be in the form of Savings, Current or Fixed Deposits in Indian Rupees. The funds in this account are not repatriable (only interest accrued is repatriable).
- FCNR [Foreign Currency (Non-Resident) Account (Banks)]: It is maintained only in fixed deposit form in the five major currencies namely US Dollars, GBP, DM, Euro, and Japanese Yen. The funds in this account are fully repatriable.
For interest rates, FCNR and NRE should not exceed the LIBOR/SWAP rates. In the case of NRO accounts, rates are determined by the banks. The interest rates apply to a period of 1 to 3 years.
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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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Why do NRIs need PAN card?
It is mandatory to submit PAN in all financial related transactions carried out in India and on tax returns. It serves as an Indian ID proof and is required for Demat account opening, buying real estate, stock investment, to get loan, while applying for visa or passport, rental income, etc.
How to apply for PAN?
Certain documents are required while applying for PAN. Those include:
- Identity and residence proof
- Colored photographs
- Code of the concerned Assessing Officer of the IT Department obtainable from the IT office where form is submitted
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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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Eligibility for PIO:
- any person who at anytime has held an Indian passport
- he/she or his/her parents or grandparents who were born in and are permanently resident in India as defined by the government of India act, 1935.
- any person who is a spouse of a citizen of India or a Person of Indian Origin as mentioned above.
- nationals of Pakistan, Bangladesh, Sri Lanka, Afghanistan, Bhutan, Nepal and China do not qualify for a PIO card.
Benefits of PIO card
- No separate tourist visa, student visa or employment visa required for visiting India.
- Separate counters for immigration are provided to PIO Card holders at International airports in India.
- Registration, only if he/she stays in India for more than six months at a stretch.
- Facilities like those available to children of NRIs for getting admission to educational institutions in India including Medical Colleges, Engineering Colleges, Institutes of Technology, and Institutes of Management etc. under the general categories.
- Facilities available under the various housing schemes of LIC, State Governments and other Government agencies.
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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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Advantages of having a Demat account:
- Elimination of problems associated with physical certificates
- Saves stamp duty, paperwork on transfer deeds
- Gives immediate benefits from bonus shares and stock splits
- Way to get your money/shares faster
- Convenient mode of transacting shares
- Avoids delays due to wrong/incorrect signatures, post, and misplacement of certificates
- Prevents risks like forgery and counterfeit, theft or damage to documents
- Freedom of buying/selling shares through any broker of your choice
There are two types of Demat accounts:
- The Repatriable Demat Account: This account is for the shares purchased by using repatriable funds.
- The Non-Repatriable Demat account: This account is for the shares purchased by using non-repatriable funds or when you were an Indian resident.
Banks i.e. Depository Participants offer Demat account. The advantage of holding an account with banks is that it enables quick on-line dealings, ensuring credit of a transaction to the account holder's savings account by the third day.
Documents required for opening a Demat Account
- PAN card
- Identity proof
- Address, date of birth proof
- A photograph of all the joint holders along with a crossed signature on it
- DP-client agreement on non-judicial stamp paper
- One photograph and signature of nominee
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*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)