As the Indian government continues to push through reforms (in the Land Acquisition Act, the Real Estate Regulatory bill, relaxation of FDI rules, etc.), property continues to remain the best option for NRIs looking to invest in India.

But before making the final decision, there are some big questions to be addressed; who is the realtor, what are his credentials, what about the property, location, amenities, payment terms, legalities, and so on. DNA Realtors offers rewarding investment options in the North Indian region, particularly the tricity area of Chandigarh, Panchkula, Mohali, Zirakpur.

Frequently Asked Questions (FAQs)

Q.WHO IS A NON-RESIDENT INDIAN(NRI)?

A. An Indian citizen who stays abroad for employment/carrying on business or vocation outside India or stays abroad under circumstances indicating an intention for an uncertain duration of stay abroad is a non-resident. (Persons posted in U.N. organisations and officials deputed abroad by Central/State Governments and Public Sector undertakings on temporary assignments are also treated as non-temporary assignments are also treated as non-residents). Non-resident foreign citizens of Indian origin are treated on par with non- resident Indian citizens (NRIs)..

Q.WHO IS A PIO?

A. A person of Indian origin 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:• held an Indian Passport at any time, or • who or whose father or paternal grand father was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955

Q.WHAT ARE THE VARIOUS FACILITIES AVAILABLE TO NRIs/OCBS?

A. NRIs/OCB’s are granted the following facilities: 1. Maintenance of bank accounts in India 2. Investments in securities/shares of, and deposits with, Indian firms/companies 3. Investments in immovable properties in India

Q.WHO CAN PURCHASE IMMOVABLE PROPERTY IN INDIA?

A. 1 Under the general permission available, the following categories can freely purchase immovable property in India: i) Non-Resident Indian (NRI) – that is a citizen of India resident outside India ii) Person of Indian Origin (PIO) – that is an individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who 1. at any time, held Indian passport, or 2. 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). The general permission, however, covers only purchase of residential and commercial property.

Q.CAN NRIs SELL THE PROPERTIES THEY HOLD IN INDIA WITHOUT RESERVE BANK PERMISSION?

A. YES

Q.CAN NRIs ACQUIRE OR DISPOSE RESIDENTIAL PROPERTY BY WAY OF GIFT?

A. Yes, under the general permission granted by the Reserve Bank, property other than agricultural land/farm house/plantation property can be acquired by NRIs provided the purchase consideration is met either out of inward remittances in foreign exchange through normal banking channels or out of funds from the purchaser’s NRE/FCNR accounts maintained with banks in India and a declaration is submitted to the Central Office of Reserve Bank in form IPI 7 within a period of 90 days from the date of purchase of the property/final payment of purchase consideration.

Q. WHAT IS POWER OF ATTORNEY?

A. Power Of Attorney (POA) or letter of attorney is a written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other. The person authorizing the other to act is the principal, grantor, or donor (of the power).A Power Of Attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. A Power Of Attorney, or letter of attorney, is a document that authorizes another person, known as the agent or attorney-in-fact—usually a legally competent relative or close friend over 18 years old—to handle any combination of financial, legal and health care decisions. A power of attorney is also referred to as a POA. Generally, one chooses a POA as a provision if he or she becomes incapacitated.

 

NRI/PIO/OCI Real Estate Investment Guidelines

Q. DOES CAPITAL GAINS TAX (CGT) APPLY TO NRI/PIO/OCI?

Type of asset: Assets like house property, land and building, jewellery, development rights etc. Rate of tax deduction at source (TDS) Long term – 20.6%< Short term – 30.9%

Exemption available (only for long term capital gains) The long term capital gains arising on sale of a residential house can be invested in buying/ constructing another residential house, within the prescribed time. The exemption is restricted to the amount of capital gains or amount invested in new residential house, whichever is lower. If the amount of capital gains is invested in bonds of National Highways Authority of India (NHAI) or Rural Electrification Corporation, then the entire capital gains is exempted, else the proportionate gain is exempted. As per the financial budget 2007-08, a cap of Rs. 50 lakhs has been imposed on investment that can be made in capital tax saving bonds.

For Further Information please call Anuj Dua +91 9814334259