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Disclaimer: The purpose of this FAQ is to provide the visitors of this site a general understanding on the various issues relating to NRI real estate Investments within the Indian housing sector. The following FAQ been prepared on the basis of advice received on planning for making an NRI investment and may vary from person to person, based on facts of such case. Reasonable efforts have been taken in collecting, preparing and providing quality information, but we do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information. The contents of this FAQ page relating to NRI investments are subject to changes / amendments made by the CBDT / Finance Ministry.

-- Business Standard Reporter / Mumbai / New Delhi November 18, 2006

Non-resident Indians (NRIs) with wealth stuck in NRI real estate in India have reason to rejoice. They can now not only cash out on the NRI property they hold in India, but have also been provided an incentive to invest in NRI real estate in India.

This has been made possible by the Reserve Bank of India allowing NRIs to remit the proceeds from the sale of immovable NRI real estate. The RBI has lifted the 10-year lock-in as a step towards further liberalisation of the capital account.

"The key impact will be that it will provide an exit route to NRI investors, who till now did not have the comfort level to invest in NRI property here as they could not repatriate the gains on account of the lock-in condition. For North America-based NRIs, who may not wish to come back to India, this will provide an opportunity to invest and exit as and when they choose to," said Anshuman Magazine, head (South Asia), at CB Richard Ellis, a real estate consulting company.

The remittance of sale proceeds of immovable NRI Real Estate is, however, within the overall ceiling of $1 million per annum.

Barring a few premium properties in Delhi and Mumbai, the Rs 4.5 core cap would not be a hindrance in almost the entire Indian market for built-up homes and apartments, real estate analysts said. Banks have been told to allow remittances out of balances in non-resident Indian ordinary accounts, including sale proceeds of immovable NRI properties, provided the amount does not exceed $1 million per financial year.

The analysts said NRIs who already own NRI real estate in India, especially inherited titles, would be able to sell and possibly avoid messy family disputes and litigation.

Some analysts said the $1 million cap could possibly be circumvented through co-ownership of properties. "You can buy floors in a building and register them in separate names. In this way, an investor can repatriate multiples of the $1 million cap," a real estate expert added.

1) Do non-resident Indian citizens require permission of The Reserve Bank to acquire residential/commercial property in India?

No.

2) Do foreign citizens of Indian origin require permission of the Reserve Bank to purchase immovable NRI property in India for their residential use?

Yes. However, the Reserve Bank has granted general permission to NRI citizens, whether resident in India or abroad, to purchase immovable preperty in India for their bona fide residential purpose. They are, therefore, not required to obtain separate permission of The Reserve Bank.

3) Who is a foreign citizen of Indian Origin?

A foreign citizen (other than a citizen of Pakistan, Bangladesh, Afghanistan, Bhutan, Sri Lanka or Nepal) 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 grand father was a citizen of India by virtue of the constitution of India or the Citizenship Act, 1955.

4) In what manner should the purchase consideration for residential immovable property be paid by foreign citizens of India origin under the general permission?

The purchase consideration should be met either out of inward remittance in foreign exchange through normal banking channels, or out of funds from NRE/FCNR accounts maintained with banks in India.

5) What are the formalities required to be completed by foreign citizens of Indian origin for purchasing residential immovable Nri properties in India under the general permission?

They are required to file a declaration in form IPI 7 with Central Office of Reserve Bank at Mumbai within a period of 90 days from the date of purchase of immovable NRI India properties or final payment of purchase consideration along with a certified copy of the document evidencing the transaction and bank certificate regarding the consideration paid.

6) Can NRI India Properties be sold without the permission of Reserve Bank?

Yes. Reserve Bank has granted general permission for sale of Nri properties. 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.

7) Can sale proceeds of NRI India Properties, if and when sold, be remitted out of India?

In respect of residential NRI real estate purchased in India on or after 26 May 1993, Reserve Bank considers applications for repatriation of sale proceeds up to the consideration amount remitted in foreign exchange of the acquisition of the NRI property for two such NRI properties. The balance amount of sale proceeds if any or sale proceeds in respect of NRI Real Estate Investments purchased prior to 26 May 1993 will have to be credited to the ordinary non-resident rupee account of the owner of the property.

8) Are any conditions required to be fulfilled if repatriation of sale proceeds from Nri properties in India is desired?

Applications for repatriation of sale proceeds of property in India 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 installment of consideration amount on the NRI property, whichever is later.

9) What is the procedure for seeking such repatriation?

Applications for necessary permission for remittance of sale proceeds from NRI Real Esate in India should be made in form IPI 8 to the Central Office of The Reserve Bank at Mumbai within 90 days of the sale of the property.

10) Can NRIs acquire or dispose residential property by way of gift?

Yes, Reserve Bank has granted general permission to NRIs to acquire or dispose of NRI India Properties in up to two houses by way of gift from or to a relative who may be an Indian citizen or a person of Indian origin (PIO) whether resident in India or not, provided gift tax has been paid.

11) Can immoveable NRI property held in India, be transferred by way of gift to relatives/registered charitable trusts/organizations in India?

Yes General permission has been granted by Reserve Bank to non-resident persons (foreign citizen) of Indian Origin (PIOs) to transfer, by way of gift, immoveable property held by them in India to relatives and charitable trusts / organizations subject to the condition that the provisions of all other laws, as applicable are complied with.

12) Can NRIs acquire commercial properties in India?

Yes, under the general permission granted by The Reserve Bank, property other than agricultural land/farm house/plantation property can be acquired by NRIs provided the purchase consideration is met either out of inward remittances in foreign exchange through normal banking channels or out of funds from the purchaser's NRE/FCNR accounts maintained with banks in India and a declaration is submitted to the Central Office of Reserve Bank in form IPI 7 within a period of 90 days from the date of purchase of the property/final payment of purchase consideration.

13) Can they dispose of such NRI Indian properties?

Yes, NRI properties in India may de disposed of.

14) Can sale proceeds of NRI property be remitted out of India?

Yes. Repatriation of original NRI investments in respect of Indian properties purchased by NRIs on or after 26 May 1993 will be allowed to be remitted up to the consideration amount originally remitted from abroad provided the NRI 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, which ever is later. Applications for the purpose are required to be made to the Central Office of Reserve Bank within 90 days of the sale of property in form IPI 8.

15) Can property (residential/commercial) be given or rent if not required for immediate use?

Yes, Reserve Bank has granted general permission for letting out any immovable properties in India. The rental income or proceeds of any investment of such in-come are eligible for repatriation.

16) Can NRIs obtain loans for acquisition of a house/flat for residential purpose from financial institutions providing housing finance?

The Reserve Bank has granted some general permission to certain financial institutions providing housing finance e.g. HDFC, LIC Housing Finance Ltd., etc, and authorized dealers to grant housing loans to NRI nationals for acquisition of a NRI house/flat for self-occupation subject to certain conditions. Criteria regarding the purpose of the loan, margin money and the quantum of loan will be at par with those applicable to resident Indians. Repayment of the loan should be made within a period not exceeding 15 years, out of inward remittance through banking channels or out of funds held in the investors' NRE/FCNR/NRO accounts.

17) Can Indian companies grant loans to their NRI staff?

The Reserve Bank permits Indian firms/companies to grant housing loans to their employees deputed abroad and holding Indian passport subject to certain conditions. 18. Can an authorized dealer grant a housing loan to NRIs where he is a principal borrower with his resident close relative as a co-signer / guarantor or where the land is owned jointly by such NRI borrower with his resident close relative? Yes However in such cases the payment of margin money and repayment of loan installments should be made by the NRI borrower.

Salaried Individuals

Latest salary slip showing statutory deductions and Form 16 (Declaration from the employer giving the details of income and deductions, duly signed by an authorized signatory of the Company) or latest acknowledged IT Returns and bank statements for the last three months.

Self-employed Individuals / Proprietor

Computation of income for the last two years certified by a C.A. or P&L and Balance Sheet for the last two years certified by a C.A. and copies of acknowledged IT Returns for the last two years and bank statements for the last six months.

Partnerships

Computation of income for the last two years certified by a C.A. or P&L and Balance Sheet for the last two years certified by a C.A. or copies of acknowledged IT Returns for the last two years and partnership deed, letter of authority, bank statements for the last six months, proof of office.

Private Limited Companies

Computation of income for the last three years certified by a C.A., P&L and balance sheet for the last three years certified by a C.A., copies of acknowledged IT returns for the last three years, memorandum and articles of association, board resolution, bank statements for the last six months, authority letter from all directors to accompany the application form with photographs of authorized signatories if not specified in the board resolution, proof of office.

• 1) Trade license or equivalent document;
• 2) Six months overseas bank account statement and NRE/NRO account;
• 3) Computation of income, P&L account and balance sheet for last three years certified by a C.A./CPA or any other relevant authority as the case may be (or equivalent company accounts);
• 4) Passport copy with valid visa stamp;
• 5) Brief profile of the applicant and business.