Following are some of the most common questions asked by NRIs:
Q. Do non-resident Indian citizens/
foreign citizens of Indian origin require permission of Reserve Bank to acquire
residential property in India?
A. Reserve Bank has granted general permission to foreign citizens of Indian
origin, whether resident in India or abroad, to purchase immovable property in
India for their bona fide residential purpose. They are, therefore, not required
to obtain permission of Reserve Bank.
Q. In what manner the purchase consideration for the residential immovable
property should be paid by foreign citizens of Indian origin under the general
permission?
A. The purchase consideration should be met either out of inward remittances
in foreign exchange through normal banking channels or out of funds from NRE/FCNR
accounts maintained with banks in India.
Q. Are there any formalities required to be completed by foreign citizens of
Indian origin for purchasing residential immovable property in India under the
general permission?
A. 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.
Q. Can such property be sold without the permission of Reserve Bank?
A. 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.
Q. Can sale proceeds of such property if and when sold be remitted out of
India?
A. 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.
Q. Are any conditions required to be fulfilled if repatriation of sale
proceeds is desired?
A. 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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