| |
|
| 1. |
Do
non-resident Indian nationals require permission of Reserve Bank
to acquire residential/commercial property in India? |
| Ans. |
No
permission is required by non-resident Indian nationals to acquire
immovable property in India. |
| |
|
| 2. |
Are
foreign nationals of Indian origin allowed to purchase immovable
property in India? |
| Ans. |
Yes,
foreign nationals of Indian origin, whether resident in India or
abroad, have been granted general permission to purchase immovable
property in India. |
| |
|
| 3. |
What
should be the method of payment for purchasing residential
immovable property in India by foreign nationals of Indian origin
under the general permission? |
| Ans. |
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. |
| |
|
| 4. |
Are
there any formalities to be completed by foreign nationals of
Indian origin for purchasing residential immovable property in
India? |
| Ans. |
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. |
| |
|
| 5. |
Can
such residential property be given on rent if not required for
immediate residential use? |
| Ans. |
Yes. |
| |
|
| 6. |
Can
the rental income from such property be remitted outside India? |
| Ans. |
No.
Such income cannot be remitted abroad and will have to be credited
to the ordinary non-resident rupee account of the owner of the
property. Restricted remittances are, however, now permitted . |
| |
|
| 7. |
Can
such property be sold without the permission of Reserve Bank? |
| Ans. |
Yes.
However, such property can be sold to other foreign nationals of
Indian origin provided funds towards the purchase consideration
are either remitted to India or paid out of balances in NRE/FCNR
account. |
| |
|
| 8. |
Can
sale proceeds of such property if and when sold be remitted out of
India? |
| Ans. |
In
respect of residential properties purchased on or after May 26,
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 May 26, 1993,
will have to be credited to the ordinary non-resident rupee
account of the owner of the property. Reserve Bank also considers
repatriation of sale proceeds up to the consideration amount
remitted in foreign exchange for acquisition of commercial
properties. |
| |
|
| 9. |
Are
any conditions required to be fulfilled if repatriation of sale
proceeds is desired? |
| Ans. |
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 instalment of consideration
amount, whichever is later. |
| |
|
| 10. |
What
is the procedure for seeking such repatriation? |
| Ans. |
Application
for necessary permission for remittance of sale proceeds should be
made in Form IPI 8 to the Central Office of Reserve Bank at Mumbai
within 90 days of the sale of the property. |
| |
|
| 11. |
Can
foreign citizens of Indian origin acquire or dispose of
residential property by way of gift? |
| Ans. |
Yes.
Reserve Bank has granted general permission to foreign citizens of
Indian origin to acquire or dispose of properties up to two houses
by way of gift from or to a relative who may be an Indian citizen
or a person of Indian origin whether resident in India or not,
provided gift tax has been paid. |
| |
|
| 12. |
Can
foreign citizens of Indian origin acquire commercial properties in
India? |
| Ans. |
Yes.
Under the general permission granted by Reserve Bank properties
other than agricultural land/farm house/plantation property can be
acquired by foreign citizens of Indian origin provided the
purchase consideration is met either out of inward remittances in
foreign exchange through normal banking channels or out of funds
from the purchaser's NRE/FCNR accounts maintained with banks in
India and a declaration is submitted to the Central Office of
Reserve Bank in Form IPI 7 within a period of 90 days from the
date of purchase of the property/final payment of purchase
consideration. |
| |
|
| 13. |
Can
they dispose of such properties? |
| Ans. |
Yes |
| |
|
| 14. |
Can
sale proceeds of such property be remitted out of India? |
| Ans. |
Yes.
Repatriation of original investment in respect of properties
purchased by foreign citizens of Indian origin on or after May 26,
1993 will be allowed to be remitted up to the consideration amount
originally remitted from abroad provided the property is sold
after a period of three years from the date of the final purchase
deed or from the date of payment of final instalment of
consideration amount, whichever is later. Applications for the
purpose are required to be made to the Central Office of Reserve
Bank within 90 days of the sale of property in Form IPI 8. |
| |
|
| 15. |
Can
the properties (residential/commercial) be given on rent if not
required for immediate use? |
| Ans. |
Yes.
Reserve Bank has granted general permission for letting out any
immovable property in India. The rental income or proceeds of any
investment of such income has to be credited to NRO account. |
| |
|
| 16. |
Can
NRIs obtain loans for acquisition of a house/flat for residential
purpose from financial institutions providing housing finance? |
| Ans. |
Reserve
Bank has granted general permission to certain financial
institutions providing housing finance e.g. HDFC, LIC Housing
Finance Ltd., etc., to grant housing loans to non-resident Indian
nationals for acquisition of a house/flat for self-occupation
subject to certain conditions. |
| |
|
| 17. |
Can
authorised dealer grant loans to NRIs for acquisition of a
flat/house for residential purposes? |
| Ans. |
Authorised
dealers have been granted permission to grant loans to non
resident Indian nationals for acquisition of house/flat for
self-occupation on their return to India subject to cetain
conditions. Repayment of the loan should be made within a period
not exceeding 15 years out of inward remittance though banking
channels or out of funds held in the investors’ NRE/FCNR/NRO
account. |
| |
|
| 18. |
Can
Indian companies grant loans to their NRI staff? |
| Ans. |
Reserve
Bank permits Indian firms/companies to grant housing loans to
their employees deputed abroad and holding Indian passport subject
to certain conditions. |