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NRI Zone |
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Investments in
real estate |
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NRI Investment rules simplified |
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The federal government has considerably eased entry norms for
NRI investment in real estate. Foreign citizens of Indian
origin (PIOs) have been permitted to invest without the need
to obtain approval from the Reserve Bank of India. With the
passage of FEMA, the power to effect repatriation proceeds has
been decentralized and delegated to authorized foreign
exchange dealers. What is more, even the rental income can be
repatriated now. It makes sense for NRIs now to earmark a
portion of their investment portfolio in real estate and earn
competitive return on investment. |
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Reserve Bank of India (RBI) Guidelines on NRI Investment |
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Return on Investment |
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NRI Investment in Immovable Property in India |
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Acquisition, Holding, etc. of Immovable Property in India by
Certain Persons |
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Under FERA, persons who are not citizens of India (whether
resident in India or not) and companies (other than banking
companies) which are not incorporated under any law in force
in India are required to obtain prior permission of Reserve
Bank to acquire, hold, transfer or dispose of by sale,
mortgage, lease, gift, settlement or otherwise any immovable
property situated in India. The work relating to the
permission for acquisition etc. of immovable property is
centralized in the Central Office of Reserve Bank (Foreign
Investment Division) at Bombay. |
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The above restrictions do not apply to immovable property
taken or given on lease for a period not exceeding five
years. |
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Prior permission of Reserve Bank is necessary for
acquisition, disposal etc. of flats in co-operative
housing societies. |
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In the case of partnership firms, if any of the partners
is a foreign citizen, the firm should obtain permission of
Reserve Bank for acquisition / disposal of the immovable
property. |
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Investment in Housing and Real Estate Development |
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NRIs will be permitted to invest up to 100% in the new issue
of equity shares/convertible debentures of Indian companies
engaged in the following areas: |
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Development of serviced plots and construction of built up
residential premises; |
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Real estate covering construction of residential and
commercial premises including business centres and
offices; |
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Development of township; |
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City and region level urban infrastructure facilities
including roads and bridges; |
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Manufacturing of building materials; |
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Financing of housing development |
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Repatriation of original investment in this case will be
permitted by Reserve Bank only after a lock in period of three
years from the date of issue of the equity shares /
convertible debentures. Applications for the purpose should be
made to Reserve Bank (Central Office) in Form IDS(R). OCBs are
not permitted to invest in these areas. |
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Non-Resident Indian Investment in Housing |
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The Indian Government has launched a scheme to attract NRI
investment in housing and real estate development. A nodal
cell in the National Housing Bank (NHB) has been created
to co-ordinate decisions. The cell has representatives
from State Governments and other agencies and will
finalize policies and procedures related to NRI investment
under the agencies of the Ministry of Urban Development.
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NRIs settled in various countries will be permitted to
acquire, rent, gift property and trade in housing colonies
in different cities, so long as they make payment in
foreign exchange. The original investment will be allowed
to be repatriated after taxation in respect of manufacture
of building materials, ventures in real estate and housing
finance institutions will be permitted. Reserve Bank of
India will issue appropriate notifications. |
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New Liberalized Rules For Acquisition of Immovable Property by
NRIs sebi.gov.in |
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Residential Property - Foreign citizens of Indian Origin,
whether resident in India or not, are allowed to acquire,
hold,transfer or dispose of, by sale or inheritance, immovable
properties situated in India. The only condition is that the
sale proceeds of such properties and income accruing thereon
will not be eligible for repatriation outside India.
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Further incentives of foreign citizens of Indian Origin -
Reserve Bank of India has since allowed repatriation of
original investment in equivalent foreign exchange on
residential properties, after obtaining prior approval,
subject to a maximum of two houses, subject to the following
conditions : |
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The residential properties are purchased on or after 26th
May, 1993.
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The properties are not transferred or disposed of by way
of sale for a period of three years from the date of the
final purchase deed or from the date of payment of final
installment where the agreement for purchase so provides;
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Only the amount of sale proceeds equivalent to the
original investment in foreign exchange, if sold after
three years, will be allowed to be repatriated outside
India and the balance amount of sale proceeds of the
property should be credited to seller's Non-resident
Ordinary (NRO) Account with an authorized bank in India.
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Central Government Organization Assisting NRIs
Indian Investment Centre
Jeevan Vihar Sansad Marg
NEW DELHI - 110 001
Tel : 91 11 373 3673
Fax : 91 11 373 2245 |
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