Under the guidelines of Reserve Bank of India or RBI, a Non-Resident Indian or NRI can purchase certain types of properties. However, form some type of realty, an NRI will require special permissions. A Non-Resident Indian who is interested in investing in the Indian real estate should be aware of the legal provisions that pertain to both purchasing and owning of immovable property under the Foreign Exchange Management Act (FEMA). NRI investment in real estate should be made keeping in mind a number of aspects.
Types of Properties an NRI or Persons of Indian Origin (PIOs) Can Invest In:
A general permission is given to the NRIs through a circular an NRI has a special by the Reserve Bank of India or RBI to purchase any commercial or residential property in India. For the same, an NRI need not send any communication or intimation or seek any special permission from the RBI. As far as existing general permissions are concerned, an NRI can purchase any number of commercial and residential properties back in India. Apart from this, an NRI is also allowed to own any number of commercial and residential properties under the Income tax laws. In case, an NRI is not able to make it to India, the documents for the purchase can be submitted by a person, who has a valid power of attorney. Under the Reserve Bank of India’s general permission, an NRI property investment cannot be made on plantation property or agricultural land in India. An NRI will have to seek special from, NRI if he/she wants to buy a plantation or farmhouse.
Continuance of Property Ownership, After an Individual Becomes an NRI
You are bound to wonder if the situation where a person who already owns properties in India and subsequently becomes an NRI. Well, in such a situation the person can continue holding the properties in his/her name in India. Besides, an NRI can even continue owing plantation property, farmhouse or agricultural land, that he/she earlier owned. Apart from this, the individual can even let out the property. However, the rent received from such properties can be sent only after appropriate Indian taxes have been paid.
Not many know, but an NRI can buy a property in India as a single owner or jointly, with other NRI. You should know, a resident Indian cannot become a joint holder who is not allowed to invest in the Indian property.
Similarly, an NRI is also allowed to gift or sell an immovable property to any person of Indian origin. Besides, a resident Indian can also transfer or gift the property, other than farmhouse, agricultural land or plantation property to a Non-Resident Indian.
Go through the NRI corner for more details.