“Investments in India are emotionally and financially very lucrative.”
A lot of NRIs have made big investments in the Indian real estate industry, in the recent past. The year 2014 alone saw an investment in US $ 5 billion, according to a research. India has truly come up as a popular real estate destination for NRI investors, from all over the world.
The increase in the value of the dollar against the value of the rupee has brought a big opportunity, for the NRIs, to invest in the Indian real estate market. Historically, no other asset class in any other country has generated as much ROI, which the Indian real estate market has offered to the NRIs.
Financial opportunities aside, a home in their own country, offers the NRIs with a sense of security and emotional strength.
We, at The Antriksh know and understand the apprehensions and concerns of the NRI investors. We offer, world-class projects at strategic locations, with quality construction. Also, we ensure complete transparency in financial transactions.
With The Antriksh, your real estate investments are in safe hands.
The following categories of people are allowed to freely purchase immovable property both residential or commercial, in India.
a. Non Resident Indian (NRI) i.e. a citizen of India residing outside India
b. Person of Indian origin (POI) i.e.
(i) who at any time, has held an Indian passport.
(ii) who or either of whose father or mother or whose grandfather or grandmother was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955.
However, a citizen of neighboring countries like Pakistan or Bangladesh or Afghanistan or Sri Lanka or Iran or China or Bhutan or Nepal will not be treated as POI.
The general permissions allow the NRI/PIO to purchase a residential property in India by using the funds remitted to India via a normal banking channel. The purchase can also be made through the funds held in his/her NRE/FCNR (B)NRO accounts. However, no consideration shall be paid outside India.
The Reserve Bank of India (RBI) permits the NRIs to rent out any immovable property in India. The income in the form of the rental money or the proceeds of any investment of such income are deemed eligible for repatriation.
No, they are not required to file any documents with the Reserve Bank of India.
There are no any such restrictions on the purchase of residential properties by an NRI/PIO.
An NRI/ PIO is allowed to acquire an immovable property (which excludes agricultural land/plantation property/farm house) in India as a gift from a resident of India or a NRI or a PIO subject to applicable tax laws. However, the property can only be commercial or residential in nature. Agricultural land / plantation property / farm house in India cannot be acquired by way of gift.
However, it is not allowed to a foreign national of non-Indian origin, resident outside India to acquire any immovable property in India as a gift, without the due prior approval of the Reserve Bank of India.
Yes, it is possible for an NRI to inherit property in India from a person resident in India and another person resident outside India, provided that the person from whom the property is inherited has acquired such property in accordance with the provisions of the Foreign Exchange Law in force or FEMA regulation, at the time of acquisition of the property,. A person resident outside India being a foreign national of non-Indian origin can only inherit property from a person who was resident in India. However, a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan will not be treated as PIO.
Yes, an NRI/PIO is allowed to gift his residential /commercial property in India to a person resident in India or NRI or PIO. However a gift by a Foreign National of non-Indian origin needs the prior approval of RBI.
Yes, an NRI is allowed to sell his or her property in India to an NRI/ PIO or an Indian resident.
Yes, it is allowed. However a PIO can sell his or her residential property in India to an Indian citizen only.
NRI/PIO can mortgage their residential property in favor of:
(a) Authorized Dealer/Housing Finance Institution in India without the approval of Reserve Bank.
(b) Bank abroad with prior approval of Reserve Bank.
However, a foreign national of non-Indian origin can mortgage a residential / commercial property only with prior approval of the Reserve Bank of India. A foreign company which has established a Branch Office or other place of business in accordance with FERA/FEMA regulations has general permission to mortgage the property with an Authorized Dealer in India.
In terms of Regulation 5A of the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations 2000, Foreign Embassies/ Diplomats/ Consulates General, may purchase/ sell immovable property (other than agricultural land/ plantation property/ farm house) in India provided:
(i) Clearance from the Government of India, Ministry of External Affairs has been obtained for such purchase/sale; and
(ii) The consideration for acquisition of immovable property in India is paid out of funds remitted from abroad through the normal banking channels.
Reserve Bank of India 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 NRIs for acquiring a house/flat for personal use but 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 of 15 years out of inward remittances or out of funds held in the investors’ NRE/FCNR/NRO accounts.
The residential status is not determined by the Reserve Bank. It is determined under FEMA by operation of law. An individual has to prove his/her residential status, if questioned by any authority.
Yes, it can be done; but the sale can only be made to a person resident in India, who is citizen of India. However, a foreign national of non-Indian origin, resident outside India would need prior approval of the Reserve Bank of India to sell agricultural land/plantation property/ farm house in India.
The material on our website is intended to provide only general information and comment to our clients. Although we make our best efforts to ensure that the information found on our website is accurate and timely, we cannot, and do not, guarantee that the information is either. Nor do we guarantee the accuracy of any information contained on websites to which our website provide links. Legal matters are often complicated. Please consult your legal advisor for more information regarding your own particular situation.