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The Reserve Bank of India has vide its Notification No.FERA.152/93-RB on
May 26, 1993 granted general permission to foreign citizens of Indian
origin, (whether resident in India or not), to acquire and dispose of
immovable properties (other than agricultural land/farm house/plantation
property) situate in India subject to the fulfillment of the following
conditions:
- Acquisition / disposal of residential property/ies in India other than
by way of Gift.
- Property is acquired by way of purchase or inheritance for the person's
bona fide residential use and transferred by way of sale. (No restrictions
are placed on the number of residential properties that can be
acquired/disposed of under the general permission except what is mentioned
against condition 6 below).
- Consideration for the property purchased is met out of foreign exchange
remitted from abroad through normal banking channels or funds withdrawn
from the purchaser's NRE/FCNR account maintained with a bank in India.
- Property purchased is not let out except where it is not immediately
required for the purchaser's own residential use.
- A declaration is submitted to Reserve Bank (Central Office) about such
acquisition in form IPI-7 within a period of 90 days from such
acquisition/final payment of purchase consideration along with a certified
copy of the document evidencing the transaction and bank certificate
regarding the consideration paid.
- Income accruing by way of rent or sale proceeds of the property or
income arising out of investment of such proceeds is credited to the
person's NRO account (if the property is held by a non-resident foreign
citizen of Indian origin) or to the Resident Rupee Account i.e. Q.A.22
Account (if the property is held by a foreign citizen of Indian origin
resident in India) with a bank in India.
- In respect of residential properties purchased on or after 26th May
1993, Reserve Bank would consider applications for the repatriation of sale
proceeds up to the consideration amount remitted in foreign exchange for
the acquisition of the property (only up to two such properties ) provided
the sale takes place after three years from the date of final purchase deed
or from the date of payment of final installment of consideration amount,
whichever is later.
Applications for the purpose
should be made to Reserve Bank (Central Office) in form IPI 8 within
90 days of the sale of the property.
- Acquisition by way of purchase or inheritance
or disposal by way of sale of commercial property/ies in India.
- Property (not being agricultural land / farm house / plantation
property) situate in India is acquired by way of purchase or inheritance
and transferred or disposed of by way of sale (No restrictions are placed
on the number of such properties acquired/disposed of under the general
permission except what is mentioned against condition 4 below).
- Consideration for the property purchased is met out of foreign exchange
remitted from abroad through normal banking channels or funds withdrawn
from the purchaser's NRE/FCNR account maintained with banks in India.
- A declaration is submitted to Reserve Bank (Central Office) about
acquisition of the commercial property in form IPI-7 within a period of 90
days from such acquisition/final payment of purchase consideration along
with a certified copy of the document evidencing the transaction and bank
certificate regarding the consideration paid.
- Reserve Bank would consider applications for
repatriation of original investment in commercial property in respect
of properties purchased on or after 26th May 1993 up to the
consideration amount remitted in foreign exchange for the acquisition
of the property 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 installment of consideration amount, whichever is
later. The balance amount of sale proceeds of the property/ies should
be credited to the seller's NRO account or Resident Rupee Account
(Q.A. 22 Account) in the case of resident foreign citizens maintained
with a bank in India. Applications for repatriation of the amount
should be made to Reserve Bank (Central Office) in form IPI-8 within
90 days of the sale of the property.
C. Who is considered as a foreign citizen here?
For the purpose of above general
permission, a foreign citizen is deemed to be of Indian origin if (a)
he held an Indian passport at any time, or (b) he or his father or
paternal grandfather was a citizen of India by virtue of the
Constitution of India or the Citizenship Act, 1955 (57 of 1955)
provided that the citizen of Pakistan, Bangladesh, Afghanistan,
Bhutan, Sri Lanka and Nepal shall be deemed to be not of Indian
origin.
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