NRIs and Immovable Propery


Now it is possible for persons of Indian origin to buy a property out of NRI accounts without permission from the Reserve Bank of India. The procedural forms IPI-1 to IPI-8, which dealt with declaration and repatriation, have been done away with. Instead, authorised dealers can repatriate sale proceeds, after tax has been paid. In fact, NRI's don't even have to declare to the RBI that they have bought immovable property in India.

The RBI has given permission to NRI's holding Indian passport to:

  • Acquire immovable property other than agricultural/plantation/farmhouse.

  • Transfer immovable property in India to a person resident in India.

  • Transfer immovable property other than agriculture/plantation/farmhouse to an     Indian citizen or person of Indian origin resident outside the country.

    The RBI has also allowed certain financial institutions to grant home loans to NRI's holding Indian passports. Where companies have to give housing loans to employees posted abroad for uncertain periods, they have to get the RBI's permission. NRI's can repatriate up to two residential properties and unlimited commercial properties bought on or after May 26,1993 and after a lock-in period of three years.

    Only the original investment made in foreign exchange will be entitled for repatriation. Rental income can be repatriated after payment of tax, even in cases where property was bought as a resident, with local funds. NRI's holding foreign passports are permitted to acquire immovable property by way of purchase, gift or inheritance. They can also transfer it by way of sale or gift to a person resident in India or to a person of Indian origin.

    Foreign companies having a branch office in India can acquire immovable property necessary for the activity carried on in India subject to the applicable rules and laws.