| |
Here we are offering some vital information for the NRIs. The
following point and the
Preceding FAQ's shall be of vital. |
|
1.
2.
3. |
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.
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 immovable properties situated in India provided :
|
|
| |
1. The property is for the Purchaser's bonafide residential
purpose.
2. 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.
|
|
|
4. |
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 IPI 17. The following documents must be
submitted along with the declaration.
|
|
| |
1. 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.
2. 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 of consideration for the property out of those funds.
|
|
|
5. |
Where a Foreign Citizen of Indian origin wishes to acquire a
property, out of funds held in NRO Account then the permission
from RBI will be required which can be applied for in Form IPI 1.
|
|
|
6. |
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.
|
|
|
7. |
Any number of properties can be acquired by non-resident
Indians regardless of whether they are holding Indian passport
provided they are required for bonafide residential purposes.
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 repatriable outside India subject to
Income tax being paid.
The Reserve Bank of India on an
application in Form IPI I may consider favourably the acquisition
of residential property by Foreign Nationals of Non-Indian origin
provided:
1. The purchase consideration is met out of funds remitted
from abroad.
2. The property is acquired for bonafide
residential use.
3. The foreign National of Non-Indian origin undertakes
not to repatriate the sale proceeds. |
|
|
Following are some of the most common questions asked by
NRIs: |
|
| |
|
Q. |
Do non-resident Indian
citizens/ foreign citizens of Indian origin require permission
of Reserve Bank to acquire residential property in India?
|
|
|
A. |
Reserve Bank has
granted general permission to foreign citizens of Indian origin,
whether resident in India or abroad, to purchase immovable
property in India for their bona fide residential purpose. They
are, therefore, not required to obtain permission of Reserve
Bank.
|
|
|
Q. |
In what manner
the purchase consideration for the residential immovable
property should be paid by foreign citizens of Indian origin
under the general permission? |
|
|
A. |
The purchase
consideration should be met either out of inward remittances in
foreign exchange through normal banking channels or out of funds
from NRE/FCNR accounts maintained
with banks in India.
|
|
|
Q. |
Are there any
formalities required to be completed by foreign citizens of
Indian origin for purchasing residential immovable property in
India under the general permission? |
|
|
A. |
They are 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 consideration alongwith a certified
copy of the document evidencing the transaction and bank certificate
regarding the consideration paid.
|
|
|
Q. |
Can such
property be sold without the permission of Reserve Bank? |
|
|
A. |
Reserve Bank has
granted general permission for sale of such property. However,
where the property is purchased by another foreign citizen of
Indian origin, funds towards the purchase consideration should
either be remitted to India or paid out of balances in NRE/FCNR accounts.
|
|
|
Q. |
Can sale proceeds
of such property if and when sold be remitted out of India?
|
|
|
A. |
In respect of
residential properties purchased on or after 26th May 1993,
Reserve Bank considers applications for repatriation of sale
proceeds up to the consideration amount remitted in foreign
exchange for the acquisition of the property for two such
properties. The balance amount of sale proceeds if any or sale
proceeds in respect of properties purchased prior to 26th May
1993, will have to be credited to the ordinary non-resident
rupee account of the owner of the property. |
|
|
Q. |
Are any conditions
required to be fulfilled if repatriation of sale proceeds is
desired? |
|
|
A. |
Applications for
repatriation of sale proceeds are considered provided the sale
takes place after three years from the date of final purchase
deed or from the date of payment of final installment
of consideration amount, whichever is later. |
|
|
------------------------------------------------------------------------------------------------------------------------------ |
|