Regulation 6 - Joint acquisition by the spouse of an NRI or an OCI - Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018

6. Joint acquisition by the spouse of an NRI or an OCI:- A person resident outside India, not being a Non-Resident Indian or an Overseas Citizen of India, who is a spouse of a Non-Resident Indian or an Overseas Citizen of India may acquire one immovable property (other than agricultural land/ farm house/ plantation property), jointly with his/ her NRI/ OCI spouse. Provided that (i) The consideration for transfer, shall be made out of (i) funds received in India through banking channels by way of inward remittance from any place outside India or (ii) funds held in any non-resident account maintained in accordance with the provisions of the Act and the regulations made by the Reserve Bank; (ii) No payment for any transfer of immovable property shall be made either by traveler s cheque or by foreign currency notes or by any other mode other than those specifically permitted under this clause; (iii) Provided that the marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the acquisition of such property; (iv) Provided further that the non-resident spouse is not otherwise prohibited from such acquisition.