NRI

Dear NRI Investor,

If you are looking for real estate investments in India you are on the right page. Here, you’ll find the perfect mix of Residential & Commercial Properties to cater to your specific needs, in terms of location, type of development and budget. We’ve created this section on our website especially for you, in order to answer every question that you may have pertaining to property investment in India.If you are looking for real estate investments in India you are on the right page. Here, you’ll find the perfect mix of Residential & Commercial Properties to cater to your specific needs, in terms of location, type of development and budget. We’ve created this section on our website especially for you, in order to answer every question that you may have pertaining to property investment in India.

Real estate sector in India is burgeoning, thanks to the favorable policies adopted and reforms undertaken by the Indian Government. It has observed tremendous growth in all areas especially in near capital regions and has widely categorized its services into Residential, Commercial and Retail to offer a distinctive approach. In country like India where property is considered an asset, we have gone one step ahead and added the element of lifestyle to it as can be observed from the luxurious apartments, and beautiful commercial complexes that have attracted the attention of potential buyers, not only from India but abroad as well.

Recent trends reflect that a number of people are either relocating to India or showing interest to own a property here ever since the real estate sector underwent a boom and came up with services that match international standards both in quality and structure. Indians from abroad are seriously considering locations like Delhi NCR for property investments and contributing significantly towards real estate investments in Gurgaon, Bhiwadi, Dharuhera etc.

The revision in the relaxation in Foreign Direct Investment (FDI) policy initiated by the Government along with investor policies have made convivial for NRIs to invest in properties in India, both in residential and commercial space. As a result property investments in Gurgaon and other parts of NCR are soaring drastically.

For your convenience, we have tried to answer some of your queries. We hope to help you gain the relevant information:

What is the classification of Non Resident Indians (NRI)?

Non resident Indians (NRIs) are categorized as:

  • Indian citizens who stay abroad for employment or for carrying on any business or vocation or for any other purpose in circumstances indicating an indefinite period of stay outside India.
  • Indian citizens working abroad on assignments with foreign Government, Government agencies or international/multinational agencies like United Nations Organization (UNO), International Monetary Fund (IMF), World Bank (IBRD), etc.
  • Officials of Central and State Government and public sector undertaking deputed abroad on assignments with foreign Governments/agencies/ organizations or posted to their own offices (including Indian Diplomatic Missions ) abroad.

Who is referred to as a Person of Indian Origin (PIO)?

For the purpose of investment in real estate in India, a PIO means an individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who

  • at any time, held Indian passport; or.
  • Who or either of whose father or grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955).

Do NRI's require permission of Reserve Bank to acquire immovable property in India?

No. NRI’s do not require any permission to acquire any immovable property in India other than agricultural / plantation property or a farm house.

Do NRI's require permission of Reserve Bank to transfer immovable property in India?

No. NRI’s do not require any permission to transfer any immovable property in India. Permission is required only in the case of transferring of agricultural or plantation property or farm house to another citizen of India NRI or PIO.

Do PIO's require permission of Reserve Bank to purchase immovable property in India for their residential use?

Reserve Bank has granted general permission to foreign citizens of Indian origin, whether resident in India or abroad, to purchase immovable properties other than agricultural land/farm house/plantation property, in India. They are, therefore, not required to obtain separate permission of Reserve Bank or file any declaration.

In what manner should the purchase consideration for the immovable property be paid by PIO's under the general permission ?

The purchase consideration should be met either out of inward remittances in foreign exchange through normal banking channels or out of funds from any non-resident accounts maintained with banks in India.

Can such property be sold without the permission of Reserve Bank?

Yes. Reserve Bank has granted general permission for sale of such property. However, where another foreign citizen of Indian origin purchases the property, funds towards the purchase consideration should either be remitted to India or paid out of balances in non-resident accounts maintained with banks in India.

Can sale proceeds of such property if and when sold be remitted out of India?

In the event of sale of immovable property other than agricultural land/farm house/plantation property in India by a NRI or PIO, the authorized dealer may allow repatriation of the sale proceeds outside India, provided all the following conditions are satisfied:

  • The immovable property was acquired by the seller in accordance with the provisions of the Exchange Control Rules/Regulations/Law in force at the time of acquisition, or the provisions of the Regulations framed under the Foreign Exchange Management Act, 1999;
  • The amount to be repatriated does not exceed (a) the amount paid for acquisition of the immovable property in foreign exchange received through normal banking channels or out of funds held in foreign currency non-resident account or (b) the foreign currency equivalent, as on the date of payment, of the amount paid where such payment was made from the funds held in non-resident external account for acquisition of the property; and
  • In case of residential property, the repatriation of sale proceeds is restricted to not more than two such properties.

What other facilities are available for repatriation?

Authorized dealers can allow remittance up to USD 1 million for any purpose, per calendar year from balances in NRO accounts subject to payment of applicable taxes. The limit of USD 1 million per year includes sale proceeds of immovable properties acquired by the NRI/PIO’s while they were resident in India and held for a period of 10 years and above. In case the property is sold after being held for less than 10 years, remittance can be made if the sale proceeds were held for the balance period in NRO account or in any other eligible instruments.

Can PIO's acquire or dispose of immovable property by way of gift?

Yes. Reserve Bank has granted general permission to foreign citizens of Indian origin to acquire or dispose of immovable properties other than agricultural land/farmhouse/plantation property by way of gift from or to an Indian citizen, NRI or PIO.

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

Reserve Bank has granted general permission to certain financial institutions providing housing finance e.g. HDFC, LIC Housing Finance Ltd., etc., to grant housing loans to NRI’s for acquisition of a house/flat for self-occupation subject to certain conditions. The purpose of loan margin money and the quantum of loan will be at par with those applicable to housing loans to residents. Repayment of loan should be made within a period not exceeding 15 years out of inward remittances or out of funds held in the investor’s NRE/FCNR/NRO Accounts.

Can authorized dealers grant loans to NRIs for acquisition of a flat/house for residential purposes?

Authorized dealers have been granted permission to grant loans to NRI’s for acquisition of house/flat for self-occupation on their return to India subject to certain conditions. 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.

Can authorized dealers grant housing loan to NRI's where he is a principal borrower with his resident close relative as a co-applicant / guarantor or where the land is owned jointly by such NRI borrower with his resident close relative?

Yes. Such housing loans availed in rupees can also be repaid by the close relatives in India of the borrower.

Where would I get more information?

All NRI investment related information can be held from-
Central Government Organization Assisting NRIs
Indian Investment Centre, Jeevan Vihar Sansad Marg, NEW DELHI – 110 001
Tel: 91 11 2373 3673, Fax: 91 11 2373 2245

For further information please visit the FAQ Section of http://www.rbi.org.in