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What are the formalities required to be
completed by foreign citizens of Indian origin for purchasing residential
immovable property in India under the general permission?
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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. |
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Can such property be sold without the
permission of Reserve Bank?
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Yes. 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. |
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Can sale proceeds of such property if
and when sold be remitted out of India?
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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. |
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Are any conditions required to be fulfilled
if repatriation of sale proceeds is desired?
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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. |
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What is the procedure for seeking such
repatriation?
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Applications 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. |
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Can foreign citizens of Indian origin
acquire or dispose of residential property by way of gift?
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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,
subject to compliance with applicable tax
laws. |
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Can immovable property held in India,
be transferred by way of gift to relatives/registered charitable trusts/organisations
in India?
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Yes. General permission has been granted by Reserve Bank
to non-resident persons (foreign citizens) of Indian origin to transfer by
way of gift immovable property held by them in India to relatives and
charitable trusts/organisations subject to the condition that the
provisions of any other law, including Foreign Contribution (Regulation)
Act, 1976, as applicable, are duly complied with.
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Can foreign citizens of Indian origin
acquire commercial properties in India?
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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 purchasers'
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. |
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Can they dispose of such properties?
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Yes. |
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Can sale proceeds of such property be
remitted out of India?
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Yes. Repatriation of original investment in respect of
properties purchased by foreign citizens of Indian origin on or after 26th
May 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. |
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Can the properties (residential/commercial)
be given on rent if not required for immediate use?
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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 are eligible for
repatriation. |
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Can NRIs obtain loans for acquisition
of a house/flat for residential purpose from authorised dealers/financial
institutions providing housing finance?
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Reserve Bank has granted general permission to certain
financial institutions providing housing finance e.g. HDFC, LIC Housing
Finance Ltd., etc., and authorised dealers to grant housing loans to
non-resident Indian nationals for acquisition of a house/flat for
self-occupation subject to certain conditions. The purpose of the loan,
margin money and the quantum of loan will be at par with those applicable
to housing loans to residents. Repayment of loan should be made within a
period not exceeding 15 years out of inward remittances or out of funds
held in the investors NRE/FCNR/NRO
accounts. |
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Can Indian companies grant loans to their
NRI staff?
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Reserve Bank permits Indian firms/companies to grant
housing loans to their employees deputed abroad and holding Indian
passports subject to certain conditions. |
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Can authorised dealer grant housing loan
to non-residents of Indian nationality where he is a principal borrower
with his resident close relative as a co-obligant/guarantor or where the
land is owned jointly by such NRI borrower with his resident close relative?
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Yes. However, in such cases the payment of margin money
and repayment of the loan instalments should be made by the NRI
borrower. |
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