Purchase of immovable property in India by Non-Resident Indians and Persons of Indian Origin – Mode of Payment – Clarification - FEMA - 005

Purchase of immovable property in India by Non-Resident Indians and Persons of Indian Origin - Mode of Payment - Clarification RBI/2006-07/108 A. P. (DIR Series) Circular No. 5 August 16, 2006 To. All Category - I Authorised Dealer Banks Madam / Sir, Purchase of immovable property in India by Non-Resident Indians and Persons of Indian Origin - Mode of Payment - Clarification Attention of Authorised Dealer Category I (AD - Category I) banks is invited to Regulation No. 3 and 4 of Notification No. FEMA 21/RB-2000 dated May 3, 2000, as amended from time to time. 2. In terms of Regulations 3 and 4 of the Notification ibid, Indian citizen resident outside India and Person of Indian origin can acquire immovable property in India other than agricultural property, plantation or a farm house. It is clarified that the payment for such acquisition shall be made out of (i) funds received in India through normal 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 Foreign Exchange Management Act, 1999 and the regulations made by Reserve Bank of India from time to time. 3. Accordingly, such payment cannot be made either by traveller's cheque or by foreign currency notes or by other mode other than those specifically mentioned in paragraph 2. 4. A copy of the Notification No. FEMA 146/2006-RB dated February 10, 2006 [Foreign Exchange Management (Acquisition and transfer of immovable property in India) Regulations, 2000] issued in this regard is enclosed. 5. AD - Category I banks may bring the contents of this circular to the notice of their constituents and customers concerned. 6. The directions contained in this Circular have been issued under Section 10 (4) and 11 (1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and is without prejudice to permissions / approvals, if any, required under any other law. Yours faithfully, Salim Gangadharan Chief General Manager-in-Charge