Notes on acquisition
and transfer of properties in India I.
Acquisition of property
- An Indian citizen resident outside India does
not require any permission to acquire any immovable property in India
other than agriculture / plantation property of a farmhouse.
- 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, fro 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.
II. Housing loans are given
to NRIs Banks and Housing Finance institutions
provide housing finance to NRIs or persons of Indian Origin (PIO), for
acquiring property in India.
III. Transfer of property
- 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.
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3. 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.
IV. Letting Out Properties
In India
- NRIs can freely rent out their immovable property
in India without seeking any permission from the Reserve Bank.
- These incomes are taxable in India. The rental
income being a current account transaction is freely repatriable outside
India.
V. Repatriation Of Sale
Proceeds In Some Cases Repatriation
outside India, including credit to RFC, NRE or FCNR account, of sale proceeds
of any immovable property situated in India, do not require prior permission
of the Reserve Bank where, the sale is 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 and 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 sale takes place after three years from the
date of acquisition of such immovable property or from the date of payment
of final installment of consideration for its acquisition, whichever
is later
- the amount to be repatriated does not exceed
(a) he 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 foreign currency
equivalent, as on the date of payment, of 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.
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