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Reserve Bank of India (RBI) Guidelines for Non-Resident Indians (NRIs) and Persons of Indian Origin Investing in Real Estate (PIOs).
NOTE: The data below has been obtained from the RBI's FAQs page, which was most recently updated on April 1, 2016. We will occasionally update this section with pertinent information, but you may also visit rbi.org to make sure you have the most recent information.
According to the Foreign Exchange Management Act (FEMA), 1999, a person who resides outside of India is one who does not live there.
What kinds of accounts may an NRI/PIO2 maintain in India?
Without the RBI's approval, an NRI or PIO may open, hold, and maintain the various types of accounts listed below with an Authorised Dealer in India, or a bank that is permitted to trade in foreign exchange. In India, NRO Savings Accounts can also be kept with the Post Offices. However, persons and organisations from Bangladesh and Pakistan need the Reserve Bank's prior authorisation.
Yes. Without requesting approval from the RBI, NRIs and PIOs are free to rent out real estate, whether it was acquired through the use of currency or not. Being a current account transaction, rental income can only be remitted outside of India if property tax has been paid or provided for.
Yes, NRIs may purchase property other than agricultural land, farm houses, and plantations with the general permission granted by the Reserve Bank as long as the purchase consideration is covered by inward remittances in foreign currency through conventional banking channels or by funds from the buyer's NRE/FCNR accounts held with Indian banks. After the property has been purchased and the final payment of the purchase consideration has been made, a declaration in form IPI 7 must be filed to the Central Office of the Reserve Bank within 90 days.
Yes, whether a person of Indian origin (PIO) or an Indian citizen, regardless of whether they reside in India or not, is a related, the Reserve Bank has given NRIs wide authorization to acquire or dispose of NRI India Properties by way of gift from or to a relative.
The Reserve Bank has given a number of financial institutions that offer housing finance, such as HDFC, LIC Housing Finance Ltd., and others, some general permission and authorised dealers to give housing loans to NRI nationals for the purchase of an NRI house or flat for self-occupation subject to certain conditions. The criteria for the loan's purpose, collateral, and amount will be the same as those that apply to Indian residents. The loan must be repaid within a maximum of 15 years using funds from inward remittances received through banking channels or from funds retained in the investors' NRE/FCNR/NRO accounts.