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Section 5: Acquisition and Transfer of Immovable Property outside India

the Foreign Exchange Management (Acquisition and transfer of immovable property outside India) Regulations, 2015.Central Regulations · 1999

(1) A person resident in India may acquire immovable property outside India, -

(a) by way of gift or inheritance from a person referred to in sub-section (4) of Section 6 of the Act, or referred to in clause (b) of regulation 4;

(b) by way of purchase out of foreign exchange held in Resident Foreign Currency (RFC) account maintained in accordance with the Foreign Exchange Management (Foreign Currency accounts by a person resident in India) Regulations, 2015;

https://www.rbi.org.in/Scripts/BS_FemaNotifications.aspx?Id=161 https://www.rbi.org.in/Scripts/BS_FemaNotifications.aspx?Id=161

(c) jointly with a relative who is a person resident outside India, provided there is no outflow of funds from India;

(2) A person resident in India may acquire immovable property outside India, by way of inheritance or gift from a person resident in India who has acquired such property in accordance with the foreign exchange provisions in force at the time of such acquisition.

(3) A company incorporated in India having overseas offices, may acquire immovable property outside India for its business and for residential purposes of its staff, in accordance with the direction issued by the Reserve Bank of India from time to time.

Explanation:

For the purposes of these regulations, 'relative' in relation to an individual means husband, wife, brother or sister or any lineal ascendant or descendant of that individual.

(B P Kanungo) Principal Chief General Manager Published in the Official Gazette of Government of India – Extraordinary – Part-II, Section 3, Sub-Section (i) dated 21.01.2016- G.S.R.No.95(E)

Where this provision sits

Actthe Foreign Exchange Management (Acquisition and transfer of immovable property outside India) Regulations, 2015.
Section5
Marginal noteAcquisition and Transfer of Immovable Property outside India
JurisdictionCentral
StatusIn force as published by the source

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