Before acquiring, investing, transferring or gifting a property one should have the right answers for all the right questions to avoid Property Disputes. Having the knowledge about all the rules and regulations and understanding them can help the process much easy.

Some of the Questions one must have answers for as to evade Property Disputes are as follows:

Q1. Who can purchase immovable property in India?

 PermissionPurchased by

NRI

PIO

Foreign National of Non-Indian Origin
Resident in IndiaNon-Resident
With prior permission from RBI (Reserve Bank of India) 

 

 

 

 

Residents of Iran, Nepal, Pakistan,Bangladesh, China, Sri Lanka,Afghanistan, and Bhutan can procure assets other than Agriculture/Plantation Property/Farm HouseProperty other than Agriculture/ Plantation Property/ Farm House
Without prior permission from RBIProperty other than Agriculture/ Plantation Property/Farm House

 

Property other than Agriculture/ Plantation Property/Farm House

 

Property other than Agriculture/Plantation property/Farm House are subject to approvals and fulfilling the requirement if any, prescribed by any other authorities.

Note – other than the residents of countries mentioned in above column.

 

On contract not beyond 5 years

 

 

Q2. Who can acquire immovable property by way of Gift in India?

Immovable Property can be acquired by way of gift either from:-

  • a person resident in India or
  • an NRI or
  • a PIO

 

PermissionAcquired By
NRIPIOForeign National of Non-Indian Origin
Without prior permission

 

Residential/ Commercial Property other than Agriculture/Plantation Property/ Farm House

 

Residential/ Commercial Property other than Agriculture/Plantation Property/ Farm House

 

Foreign National of Non-Indian origin resident outside

India cannot acquire any immovable property in India as a gift.

 

 

Q3. From whom can a non-resident person acquire immovable property by way of Gift?

  • A Resident Indian
  • A person resident outside India (i.e. NRI or PIO)

 

Q4. From whom can a non-resident person inherit immovable property?

A person resident outside India (i.e. NRI or PIO or foreign national of non-Indian origin) can inherit immovable property from

  1. a person resident in India
  2. a person resident outside India

However, the person from whom the property is inherited, if a non-resident, should have acquired the same in accordance with the foreign exchange law in force or FEMA regulations, applicable at the time of acquisition of the property.

Q5. Can and to whom an NRI/ PIO/Foreign National sell his residential/commercial property?

 

PermissionSale by NRI toSale by PIO toSale by foreign National Non-Indian origin to
Including citizens of Pakistan or Bangladesh or Sri Lanka or China

Afghanistan or Iran or Nepal or Bhutan.

With Prior permission from RBI

 

 

 

PIO

Person Resident in

India

NRI

PIO

 

Without prior permission

 

Person Resident in India, NRI, PIO

 

 

Person Resident in India, NRI

 

 

 

 

Q6. Can and to whom a non-resident owning/holding an agricultural land/a plantation property/a farm house in India sell the said property?

 

PermissionSale by NRI toSale by PIO toSale by foreign National Non-Indian origin to
With Prior permission from RBI

 

 

 

 

Foreign national of non-Indian origin resident outside India would need prior approval of the Reserve Bank to sell agricultural land/plantation property/ farm house in India.

 

Without prior permission

 

Person Resident in India

 

 

Person Resident in India

 

 

 

 

Q7. Can a non-resident gift his residential/commercial property and an agricultural land/a plantation property/a farm house in India?

 

PermissionGift by NRI toGift by PIO to

Gift by foreign

National Non-Indian origin to

With Prior permission from RBI

 

 

 

 

Foreign national of non-Indian origin resident outside India would need prior approval of the Reserve Bank to sell agricultural land/plantation property/ farm house in India.

 

Without prior permission

 

Commercial/ ResidentialAgricultural/ Plantation/ Farm HouseCommercial/ ResidentialAgricultural/ Plantation/ Farm House 

Person Resident in India, NRI, PIO Person Resident of IndiaPerson Resident in India, NRI, PIOPerson Resident of India

 

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