PROPERTY TRANSFER BY NRIs...!

Dr. Justice A. R. Lakshmanan

An NRI can transfer any immovable property other than agricultural land/plantation

property / farm house by way of sale to a person resident in India. He can not sell agricultural land, farm house or /  plantation property to any person, whereas he can sell the other immovable property to a person, who is resident in India.

Thus, a person who is not a resident of India can not purchase from a such a person any immovable property. Under the general permission available, NRI / PIO may transfer by way of sale of his agricultural land / plantation property / farmhouse in India to a person resident in India, who is a citizen of India.

However, an NRI or PIO can transfer agricultural land / farm house / plantation property in India by

way of gift or sale to a person resident in India, who is a citizen of India.

An NRI or PIO can sell or gift even the agricultural land / farm house / plantation property

provided the purchaser or / donee is Indian citizen and who is resident in India. A person, who

is resident outside India or /  a person, who is not a citizen of India can not be a purchaser or /

donee from such a person. Thus, he / she has to be a citizen of India and he / she is to be resident of India.

In short the purchaser or donee of agricultural land, etc. from such a person has to be Indian citizen, who is resident of lndia.

An NRI or  / PIO can transfer residential or /  commercial property in India by way of gift to a person

resident in India or / to an NRI or / to a PIO but resident outside India. Thus, if a person is a citizen of lndia or /  of Indian origin or resident in India, then he can be a donee of a gift of immovable property from, such a person.

An NRI can transfer by way of sale residential or commercial property in India to a person

resident in India or to an NRI or /  a PIO, whereas a PIO can transfer by way of sale residential or / commercial property in India only to a person resident in India or /  NRI. A PIO would need to seek RBI prior approval for transferring by way of sale residential or commercial property in India to a PIO.

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. NRI Gaurav Sagar shares his experience, “For an NRI, who wants to purchase a property India via bank loan, it is relatively easier to get a loan, if the person is in service than business.

The disbursal of loan is always in rupees. If one sells a property, the proceeds are also in rupees. However, one has to pay capital gains tax on the profit recorded in the account books. After having the proceeds sent to one’s bank account in India, he or she can transfer the money to the overseas

bank account via telegraphic transfer, draft etc.”

NRI or PIO can mortgage residential or commercial property to an authorised

dealer or / housing finance institution in India without the approval of RBI, or to a party

abroad with prior approval of RBI. NRI or / PIO can rent out the residential or / commercial

property purchased out of foreign exchange or / rupee funds, without the approval of

RBI.

Src: Our Building and Construction

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