NRI Buy a Flat in Sister's Name. Will there be Any Issues in Future ?


Q: I am a NRI (non - resident Indian) living in Singapore. I am planning to buy a flat in Tambaram near Chennai city in my Sister's name. She is a state government employee. Since she is not eligible to get home loan from any bank or HFCs (housing Finance Companies). I am planning to pay full settlement (About Rs. 40 lacs) in cash.  Will there be any issues in future ?

Ans: Your a NRI in Singapore. You have stated that you wants to buy an apartment in your sister’s name by sending the cost of Rs. 40 lacs by way of remittance from Singapore.

In the first instance, you should decide whether you wants to send the money as your outright gift or / as interest free loan to your sister. Both are permissible as per the provisions of FEMA (Foreign Exchange Management Act) and also there will not be any IT ( Income Tax) implications in respect of both the options.

 If you wants to give it as a gift to your sister, you may have to execute an affidavit to that effect & get it notarized at Singapore and send it to your sister for her to show it to the concerned authorities.

You can not say that you are buying the flat for yourself, but the same will be held in your sister’s name.  In other words, you can not buy the flat in the name of your sister by treating her as your benami, since holder that is prohibited as per Indian laws.

If you wants to treat it as a gift to your sister, then subsequently, the property will go to your sister absolutely & thereafter to her legal heirs only like her husband & children. It will not go back to you unless your sister in turn settles the property in yours favour after sometime by executing a deed of settlement.

On the other hand, if you wants to treat it as interest free loan to your sister, then you should workout with  your sister a convenient scheme for payment of the loan through monthly / annual instalments.

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