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India - The preferred real estate investment destination for NRIs

With economic growth on the rise and 350 million Indians expected to move into urban areas within the next three decades, India’s metropolitan market is on the move. DLF has ridden the wave of progress with undiminished growth and is set to maintain its momentum. We understand how to shape India’s urban areas and can ensure a sound investment in your homeland.

The introduction of RERA and GST have made NRI investors more confident about owning a second home in India or making an investment to fall back on. Our projects are not limited to luxury apartments but follow a holistic approach encompassing ‘live, work and play’. With concepts that put workplace, clubs, restaurants, entertainment, and shopping destinations within easy reach of residences, DLF projects contribute to creation of the overall social infrastructure.

If India holds a special place in your heart, investing in Indian real estate strengthens your bond with the country, keeping your roots intact. The property will be a valuable asset you can always return to.

DLF saves you the trouble of constant follow up on project progress and delivery. We adhere to timelines in a professional manner and support you throughout the pre-and-post purchase journey.

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Explore Projects

One Midtown Delhi
Locality MOTI NAGAR
Project Type HIGH RISE APARTMENTS
Bedrooms 2BHK,3BHK, 4BHK
INDEPENDENT FLOORS AT DLF CITY PHASE I, II AND III Gurugram
Locality DLF CITY PHASE I,II AND III
Project Type LOW RISE FLOORS
Bedrooms 3 BHK, 4 BHK

Non - Resident Indian / Persons of Indian Origin

Section 2(v) of FEMA, 1999 has given definition of "Person resident in India" and from the definition one has to conclude whether he or she is Non-Resident India or not. Following is the definition of Person resident in India.

  1. A person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year but does not include -
    1. A person who has gone out of India or who stays outside India, in either case
      • For or on taking up employment outside India
      • For carrying on outside India a business or vocation outside India
      • For any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period
    2. A person who has come to or stay in India, in either case, otherwise than
      • For or on taking up employment in India
      • For carrying on in India a business or vocation in India
      • For any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period
  2. Any person or body corporate registered or incorporated in India
  3. An office, branch or agency in India owned or controlled by a person resident outside India
  4. An office, branch or agency outside India owned or controlled by a person resident in India Explanation - Section 2(u) clarifies that a person includes -
    • An individual
    • A Hindu undivided family
    • A company
    • A firm
    • An association of persons or a body of individuals, whether incorporated or not
    • Every artificial juridical person, not falling within any of the preceding sub-clauses
    • Any agency, office or branch owned or controlled by such person.

FEMA 1999 has not given definition of Person of India Origin. However, Reserve Bank of India in its various FEMA Notifications issued under FEMA, 1999 has defined a Person of India Origin as under:

  1. For the purpose of opening non-resident bank accounts in India Person of India Origin means a citizen of any country other than that of Bangladesh or Pakistan, if -
    • He at any time held India passport
    • He or either of his parents or any of his grand parents was a citizen of India by virtue of the Constitution of India of the Citizenship Act, 1955 (57 of 1955)
    • The person is a spouse of an India citizen or a person referred to in sub-clause (a) or (b) above
  2. For the purpose of investing in shares/debentures etc. in India Person of Indian Origin means a citizen of any country other than that of Bangladesh or Pakistan if-
    • He at any time held India passport
    • He or either of his parents or any of his grandparents was a citizen of India by virtue of the Constitution of India of the Citizenship Act, 1955 (57 of 1955)
    • The person is a spouse of an India citizen or a person referred to in sub-clause (a) or (b) above
  3. For the purpose of acquiring immovable property in India Person of Indian Origin means a citizen of an country other than that of Bangladesh or Pakistan or Sri Lanka or Afghanistan or China or Hong Kong or Macau or Iran or Nepal and Bhutan if-
    • He at any time held India passport
    • He or whose father or mother or whose grandfather or grandmother was a citizen of India by virtue of the Constitution of India of the Citizenship Act. 1955 (57 of 1955)
  4. For the purpose of establishing a branch or office in India Person of Indian Origin means a citizen of any country other than that of Bangladesh or Pakistan or Sri Lanka or Afghanistan or China or Iran of Hong Kong or Macau if -
    • At any time held India passport
    • He or either of his parents or any of his grandparents was a citizen of India by virtue of the Constitution of India of the Citizenship Act. 1955 (57 of 1955)
    • The person is a spouse of an Indian citizen or a person referred to in sub-clause (a) or (b) above
  5. For the purpose of acquiring PIO Card Person of Indian Origin means a citizen of any country other than that of Bangladesh or Pakistan, if -
    • He at any time held an India Passport
    • He/she or either of his/her parents or grandparents or great grandparents was born in India and permanently resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any country as may be specified by Central Government from time to time
    • Who is a spouse of a citizen of India or a Person of Indian Origin as mentioned above.

Acquistion and transfer of immovable property in
India by a person resident outside India

Yes. Reserve Bank has accorded general permission to purchase only a residential/commercial property in India to a person resident outside India who is a citizen of India (NRI) and who is a Person of India Origin (PIO).

No.

There is no restriction on number of residential/commercial property that NRI/PIO can purchase under the general permission available.

No.

No.

Yes. A foreign national of non-Indian origin including a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Hong Kong or Macau or Iran or Nepal or Bhutan may acquire only residential accommodation on lease, not exceeding five years for which he/she does not require prior permission of Reserve Bank of India.

No. A person resident outside India cannot acquire by way of purchase agricultural land/plantation property/farm house in India.

Yes. Under general permission available NRI/PIO may acquire residential/commercial property by way of gift from a person resident in India or a NRI or a PIO.

No.

No.

Yes. A person resident outside India can hold immovable property acquired by way of inheritance from a person resident of India.

With the specific approval of Reserve Bank, a person resident outside India may hold any immovable property in India acquired by way of inheritance from a person resident outside India, provided the bequeathor had acquire such property in accordance with the provisions of foreign exchange law in force at the time of acquisition or under FEMA regulations.

NRI can transfer by way of sale residential/commercial property in India to a person resident in India or to a NRI or a PIO.

PIO can transfer by way of sale residential/commercial property in India only to a person resident in India.

No. He has to seek Reserve Bank prior approval for transfer by way of sale residential/commercial property in India to a NRI or a PIO

No. A foreign national of non-Indian origin whether resident in India or outside India would need to seek prior approval of Reserve Bank for transfer by way of sale residential/property in India acquired with the specific permission of Reserve Bank to a person resident in India or outside India.

Under the general permission available NRI/PIO may transfer by way of sale his agricultural land/plantation property/farm house in India to a person resident in India who is a citizen of India.

A foreign national of non-Indian origin resident outside India would need to seek prior approval of Reserve Bank for transfer, by way of sale, agricultural land/plantation property/farm house acquired in India.

Yes. NRI/PIO may transfer by way of gift residential/commercial property in India to a person resident in India or to a NRI or a PIO.

Under the general permission available NRI/PIO may transfer by way of gift agricultural land/plantation property/farm house in India a person resident in India who is a citizen of India.

No. A foreign national of non-Indian origin resident outside India would need to seek prior approval of Reserve Bank for transfer by way of gift agricultural land/plantation property/farm house acquired by him in India.

Yes.

No. He should seek prior approval of RBI.

No. He should seek prior approval of RBI. However, immovable property purchased by a person resident outside India who has established a Branch Office or other place of business for carrying on in India any activity in accordance with FERA/FEMA regulations, may under general permission available, mortgage such a property with an authorized dealer as a security for any borrowing.

Under the general permission available NRI/PIO may purchase residential/commercial property in India out of funds remitted to India through normal banking channel or funds held in his NRE/FCNR (B)/NRO Account No. consideration shall be paid outside India.

Yes, provided original payment was made by way of inward remittance or by debit to NRE/FCNR (B) account. For this purpose, no permission of Reserve Bank is required and they may approach the Authorised Dealer directly in the matter.

Subject to certain conditions.

Yes, subject to certain terms and conditions. Such loans can be repaid by the borrower by way of inward remittance through normal banking channel or by debit to his NRE/FCNR (B)/NRO account or out of rental income derived from renting out such property. Such loan can also be repaid by the borrower’s close relatives through their account in India by crediting the borrower’s loan account.

Yes, subject to certain terms and conditions.

NRI/PIO may repatriate the sale proceeds of residential/commercial property in India acquired by way of inward remittance through normal banking channel or by debit to NRE/FCNR (B) account. The amount to be repatriated should not exceed the amount paid for acquisition of residential/commercial property (a) in foreign exchange received through normal banking channel or by debit to FCNR (B) account or (b) the foreign currency equivalent as on the date of payment, of the amount paid by debit to NRE account. The sale proceeds of residential/commercial property in India acquired by way of debit to NRO account cannot be repatriated and should credited to NRO account only.

Yes. Repayment of loan in foreign exchange is treated as equivalent to the foreign exchange received for purchase of residential accommodation.

No lock-in period is applicable for sale of such property.

Yes. Repatriation of sale proceeds is restricted to not more than two residential properties.

The sale proceeds of residential/commercial property received by way of gift by NRI/PIO should be credited to NRE account only.

Yes. Amount not exceeding USD one million, per calender year subject to production of documentary evidence support of inheritance and Tax clearance certificate/no objection certificate from Income Tax authority to authorized dealer from remittances. However, if a PIO is a citizen of Pakistan or Bangladesh or Sri Lanka or Afganistan or China, Hong Kong, Macau or Iran he should seek prior approval or Reserve Bank with documentary evidence support of inheritance and tax clearance/no objection certificate from Income Tax authority. This remittance is not available to a citizen of Nepal or Bhutan.

No. He needs to seek prior approval of Reserve Bank with documentary evidence in support of inheritance and a clearance/no objection certificate from Income Tax authority.

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Disclaimer

All the timelines mentioned in this website are merely representative in nature based on
rough estimates and are subject to change.

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