NRI's Corner
Acquisition of Immovable Property in India
Acquisition of Immovable Property in India
Q.1 Who can purchase immovable property in India?
A.1. 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 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 purchase of residential and
commercial property.
Q.2. Do any documents need to be filed with Reserve Bank of India after
purchase?
A.2. No. An NRI / PIO who has purchased residential / commercial property under
general permission, is not required to file any documents with the Reserve Bank.
Q.3. How many residential / commercial properties can NRI / PIO purchase
under the general permission?
A.3. There is no restrictions on the number of residential / commercial
properties that can be purchased.
Q.4. Can a foreign national of Non-Indian origin be a second holder to
immovable property purchased by NRI / PIO?
A.4. No.
Q.5. Can a foreign national of Non-Indian origin resident outside India
purchase immovable property in India?
A.5. No.
Q.6 Whether immovable property in India can be acquired by way of gift?
A.6. (a) Yes, NRIs and PIOs can freely acquire immovable property by way of gift
either from
i. a person resident in India or
ii. an NRI or
iii. a PIO.
However, the property can only be commercial or residential. A foreign national
of Non-Indian origin resident outside India cannot acquire any immovable
property in India through gift.
Q.7. Whether a Non-resident can inherit immovable property in India?
A.7. 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.
Q.8. From whom can the Non-resident inherit immovable property?
A.8. 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.
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