Who can purchase immovable property in India?
Under the general permission available, the following categories can freely purchase immovable property in India:
i). Non-Resident Indian (NRI) - that is a citizen of India resident outside India
ii). Person of Indian Origin (PIO) - that is an individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who;
1. at any time, held an Indian passport, or
2. who or either of whose father or grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955). The general permission, however, covers only the purchase of residential and commercial property and is not applicable for the purchase of agricultural land/ plantation property/ farmhouse in India.
i). Non-Resident Indian (NRI) - that is a citizen of India resident outside India
ii). Person of Indian Origin (PIO) - that is an individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who;
1. at any time, held an Indian passport, or
2. who or either of whose father or grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955). The general permission, however, covers only the purchase of residential and commercial property and is not applicable for the purchase of agricultural land/ plantation property/ farmhouse in India.
Can NRI / PIO acquire agricultural land / plantation property / farmhouse in India?
Since general permission is not available to NRI / PIO to acquire agricultural land / plantation property / farmhouse in India, such proposals will require specific approval of The Reserve Bank of India and the proposals are considered in consultation with the Government of India.
Do any documents need to be filed with Reserve Bank of India after purchase?
An NRI / PIO who has purchased residential / commercial property under general permission, is not required to file any documents with the Reserve Bank.
How many residential / commercial properties can an NRI / PIO purchase under the general permission?
There are no restrictions on the number of residential / commercial properties that can be purchased.
Can a foreign national of non-Indian origin be a second holder to immovable property purchased by NRI / PIO?
A foreign national of non-Indian origin cannot be a second holder to immovable property purchased by NRI / PIO.
Can a foreign national of non-Indian origin resident outside India purchase immovable property in India?
A foreign national of non-Indian origin, resident outside India cannot purchase any immovable property in India. But, he/she may take residential accommodation on lease provided the period of lease does not exceed five years. In such cases, there is no requirement of taking any permission of or reporting to Reserve Bank.
Can a foreign national who is a person resident in India, purchase immovable property in India?
Yes, but the person concerned would have to obtain the approvals, and fulfill the requirements if any, prescribed by other authorities, such as the concerned State Government, etc However, a foreign national resident in India who is a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan would require prior approval of Reserve Bank. Such requests are considered by Reserve Bank in consultation with the Government of India.
Can an office of a foreign company purchase immovable property in India?
A foreign company which has established a Branch Office or other place of business in India, in accordance with FERA / FEMA regulations, can acquire any immovable property in India, which is necessary for or incidental to carrying on such activity. The payment for acquiring such a property should be made by way of foreign inward remittance through a proper banking channel.
A declaration in form IPI should be filed with Reserve Bank within ninety days from the date of acquiring the property. Such a property can also be mortgaged with an Authorized Dealer as a security for other borrowings. On winding up of the business, the sale proceeds of such property can be repatriated only with the prior approval of Reserve Bank.
Further, acquisition of immovable property by entities who had set up Branch Offices in India and incorporated in Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan would require prior approval of Reserve Bank to acquire such immovable property. However, if the foreign company has established a Liaison Office, it cannot acquire immovable property. In such cases, Liaison Offices can take property by way of lease not exceeding 5 years.
A declaration in form IPI should be filed with Reserve Bank within ninety days from the date of acquiring the property. Such a property can also be mortgaged with an Authorized Dealer as a security for other borrowings. On winding up of the business, the sale proceeds of such property can be repatriated only with the prior approval of Reserve Bank.
Further, acquisition of immovable property by entities who had set up Branch Offices in India and incorporated in Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan would require prior approval of Reserve Bank to acquire such immovable property. However, if the foreign company has established a Liaison Office, it cannot acquire immovable property. In such cases, Liaison Offices can take property by way of lease not exceeding 5 years.
Whether immovable property in India can be acquired by way of gift?
(a) Yes, NRIs and PIOs can freely acquire immovable property by way of gift either from
-a person resident in India
i). an NRI
ii). a PIO.
However, the property can only be commercial or residential. Agricultural land/plantation property / farmhouse in India cannot be acquired by way of gift.
(a) A foreign national of non-Indian origin resident outside India cannot acquire any immovable property in India through gift.
-a person resident in India
i). an NRI
ii). a PIO.
However, the property can only be commercial or residential. Agricultural land/plantation property / farmhouse in India cannot be acquired by way of gift.
(a) A foreign national of non-Indian origin resident outside India cannot acquire any immovable property in India through gift.
Whether a non-resident can inherit immovable property in India?
Yes, a person resident outside India i.e.
i). an NRI
ii). a PIO and
iii). a foreign national of non-Indian origin can inherit and hold immovable property in India from a person who was resident in India. However, a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan should seek specific approval of Reserve Bank.
i). an NRI
ii). a PIO and
iii). a foreign national of non-Indian origin can inherit and hold immovable property in India from a person who was resident in India. However, a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan should seek specific approval of Reserve Bank.
From whom can the non-resident inherit immovable property?
A person resident outside India (i.e., NRI or PIO or foreign national of non-Indian origin) can inherit immovable property from
(a). a person resident in India.
(b). a person resident outside India.
However, the person from whom the property is inherited should have acquired the same in accordance with the foreign exchange regulations applicable at that point of time.
(a). a person resident in India.
(b). a person resident outside India.
However, the person from whom the property is inherited should have acquired the same in accordance with the foreign exchange regulations applicable at that point of time.
