Rules pertaining to purchase and ownership of
immovable property in
India
are governed by the Reserve Bank of
India. A summary of the current
prevailing laws are enumerated below. Click hereto view full details on Reserve Bank of
India's official website.
Rules for NRIs (Non Resident Indians)
and PIOs (Persons of Indian Origin):
· An NRI is defined as a person residing outside
India who is a citizen of
India.
· A PIO is defined as a person who has at any time
held an Indian passport, or whose father or grandfather has been a citizen of
India.
· NRIs & PIOs are permitted to purchase any
number of residential/commercial properties in
India. No special permission or
filing of documents is required with the RBI.
· Under the general RBI permission available to NRIs
& PIOs, funds must be remitted to
India through normal banking
channel or funds held in his NRE / FCNR (B) / NRO account. No consideration
should be paid outside
India.
· The NRI / PIO may repatriate the sale proceeds of
immovable property in
India
acquired by way of inward remittance through normal banking channels or by
debit to NRE /FCNR (B) account. The amount to be repatriated should not exceed
the amount paid for acquisition of the immovable property. Repatriation of sale
proceeds of residential property purchased by NRI / PIO out of foreign exchange
is restricted to not more than two such properties. Capital gains, if any, may
be credited to the NRO account from where the NRI/PIO may repatriate an amount
up to USD one million per financial year subject to tax compliance.
(Please refer the RBI Website for full details)
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