Tuesday 20 October 2015

PURCHASE OF PROPERTY BY NRI



Many Indians are moving out to other Countries in search of jobs and returning back only after retirement. Nevertheless, their desire to own a house in their motherland never dies, which, no doubt, is an asset, but is also source of revenue for the Government.

Acquisition and transfer of immovable property in India by Non-Resident Indians (NRIs) and Persons of Indian Origin (PIO) are regulated by certain legislations, which envisages certain terms and conditions, as discussed below:


The earliest Law regulating transactions involving acquisition and transfer of the immovable properties by NRIs and PIO is the Foreign Exchange Regulation Act 1973 (FERA) and the same has been now replaced by Foreign Exchange Management Act, 1999 (Act 42 of 1999) (FEMA), which came into force from 1-6-2000. FEMA has authorized the Reserve Bank of India to form guidelines with regard to acquisition of immovable property by NRIs and PIO.

The following are the explanation given to the frequently used terminologies and certain mandatory pre-requisites before acquiring or transferring the property by NRIs or PIOs, which does not require prior permission of RBI.


FEMA defines a NRI as a person not residing in India. This category includes: Indian citizens, who reside outside for employment, carrying on any business, vocation or any other purpose indicating definite period of stay outside India,. Indian citizens employed abroad with foreign Government, international agencies like UNO, IMF, World Bank etc.,

Employees of Central and State Governments deputed abroad on temporary assignments or posted to their offices. This includes Indian diplomatic missions.

An Indian citizen who goes abroad on a student visa and takes up appointment after the completion of studies will be regarded as a person residing outside India only after taking up a job abroad. Non-Resident Indians are not regarded as residents in India for holidays, business, etc. Persons residing in India mean a person residing in India for more than one hundred and eighty two days during the previous financial year, but do not include the persons above.


A PIO means a person residing outside India, holding an Indian passport, whose father or grandfather was an Indian citizen by virtue of the Constitution of India or the Citizenship Act, 1955. However, the citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan do not fall under this category.


NRIs can acquire or transfer any immovable property in India except an agricultural land, plantation property and farmhouse. However, they can transfer the same to an Indian Citizen residing in India.

Acquisition and Transfer of immovable property by PIO:


PIO may purchase any immovable property except agricultural land, farmhouse and plantation property provided the funds are met out of the funds received in India by inward remittances from outside India or from the funds held in non-resident account, complying with provisions of Act and guidelines of RBI. PIO may accept any immovable property by way of gift from a person resident in India or from NIR or a PIO, except agricultural land, farmhouse and plantation property.


Prior permission of the RBI is required to repatriate the sale proceeds of immovable property outside India, by a NRI, or his successor. The authorized dealer is permitted to allow repatriation of the sale proceeds of immovable property in India, outside India except agricultural, plantation property or farmhouse to a NRI or to a PIO on following conditions:

The acquisition of the immovable property by the Seller is in compliance with the Law and regulations in force. The property is sold after three years from the date of acquisition or from the date of payment of final installment of sale price, whichever is later.

The amount to be repatriated does not exceed the amount paid for acquisition in foreign exchange received through normal banking channels or funds held in foreign currency Non-Resident account or equivalent to foreign currency on the date of payment if acquired through Non-Resident external account.


There is a complete prohibition against acquisition or transfer of immovable property in India by the citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Nepal and Bhutan without the prior permission of the RBI. However, they may acquire or transfer immovable property on lease, which should not be beyond five years.


NRI or a PIO is eligible for a housing loan to acquire residential accommodation in India subject to the following conditions:

Loan to be availed from an authorized dealer or a Housing Finance Institution approved by the National Housing Bank.

Amount of loan, margin to be met and repayment period will be as applicable to a person residing in India.

The loan proceeds are not allowed to be credited to Non-Residential External (NRE)/Foreign Currency Non-Resident (FCNR)/Non-Resident non-repatriable account of the borrower.

Loan should be fully secured. The acquired property will; have to be given as security by equitable mortgage. If needed, other assets of the borrower will have to be given by way of lien.

The repayment of loan, interest and other charges shall be by the borrower out of remittances outside India through normal banking channels. 

This may be from the funds of the borrower in his Non-Resident External (NRE)/Foreign Currency Non-Resident (FCNR) Non-Resident Non-repatriable (NRNR)/Non-Resident-Ordinary (NRO)/Non-Residential Special Rupee (NRSR) account in India. The rental income of the property acquired may also be used for repayment.


Foreign Embassy/Diplomat/Consulate General have been allowed to purchase/Sell the immovable property in India other than the agricultural land/Plantation property/Farm house provided (i) Clearance from Government of India, Ministry of External Affairs is 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 banking channel.


In compliance with the mandatory conditions envisaged in the act discussed above, it is also important and advisable to invest in the property free from any legal hassles, which could validly and legally convey the ownership over the immovable property.

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