Here we are offering some vital information for the NRIs. The following point and the Preceding FAQ's shall be of vital.
- 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 :
- 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.
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.
- 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 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
favorably the acquisition of residential 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.