Respuestas de Abogados
Quartz Legal Associates
Quartz Legal Associates
Solomon & Co.
When acquiring property, NRIs may do so through purchase, inheritance, or gift. A purchase can be made from an Indian resident, another NRI, or an OCI. Inherited property is also fully permissible, regardless of type. Gifts of residential or commercial property are allowed from residents, NRIs, or OCIs. All payments for such transactions must be routed through normal banking channels in India, using NRE, NRO, or FCNR accounts. Cash payments are strictly prohibited under FEMA guidelines.
In terms of documentation, NRIs typically require a valid passport, PAN card, and OCI/PIO card if applicable. Many NRIs also choose to execute a Power of Attorney in favour of a trusted representative in India to handle registration or bank formalities on their behalf. Compliance with tax requirements is also important - TDS may apply depending on the nature of the transaction, and stamp duty and registration charges must be paid at the time of registration. Additionally, FEMA permits NRIs to repatriate the sale proceeds of up to two residential properties, subject to tax clearance and banking compliance.
For NRIs exploring property investment in India, it is essential to conduct proper legal due diligence, verify title documents, and assess developer credibility, especially for under-construction projects. Engaging a real estate lawyer can significantly streamline the process and help ensure smooth, compliant execution from documentation to registration.
If you need assistance with property verification, compliance, or end-to-end legal support for your purchase, our team would be happy to guide you.
Please note that the above is a preliminary overview and should not be construed as a legal opinion. A comprehensive analysis would follow once we have clarity on the specific facts of your proposed transaction and the documents involved.
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