Purchase of an apartment by a non indian

If you can prove your grand parents origin in India, you can come under POI then it can make a difference. otherwise even though you are Tamil speaking but holder of Srilankan Passport and if your parents or grand parents are not from India, then you will not fall under the category of POI (Person of Indian Origin) hence you cannot buy and get transfer any immovable property in India.

Under section 2 (ze) of the Foreign Exchange Management Act, 1999 ‘transfer’ includes among others, ‘purchase’. Therefore, a foreign national of non-Indian origin resident outside India cannot acquire any immovable property in India by way of purchase.

There are other legal ways for foreigners to buy property but all will require RBI permission.

Ibrahim Deshmukh
Legal Consultant
Email: ibdesh@gmail.com
www.law-india.com

Hello Ibrahim,

Thank you for your prompt reply.

I will pursue through RBI for permission for the above purchase.

Mano. Gunanayagam

Dear Mano. Gunanayagam

Keep informed on the forum how your matter develops.

All the best

Ibrahim Deshmukh
Legal Consultant
Email: ibdesh@gmail.com
www.law-india.com

Dear Querrist

EVEN AN INDIAN NATIONAL WHO HAD ACQUIRED FOREIGN NATIONALITY SHOULD APPROACH THE INDIAN EMBASSY IN YOUR PLACE AND SUBMIT AN APPLICATION FOR OBTAINING THE STATUS OF A PERSON OF INDIAN ORIGION .THAT WILL COME TO THE MINISTRY OF EXTERNAL AFFAIRS , GOVERNMENT OF INDIA AND THEY HAVE TO DECIDE YOUR APPLICATION . ONLY CERTAIN COUNTRIES WHERE INDIAN NAIONALS HAD ACQUIRED FOREIGN NATIONALITY ARE ELIGIBLE TO APPLY FOR THE STATUS OF PERSON OF INDIAN ORIGION . CERTAINLY SRILANKA , PAKISTAN AND MANY OTHER COUNTRIES ARE NOT ELIGIBLE FOR THE STATUS OF PERSON OF INDIAN ORIGION . EVEN CANADA WHERE YOUR PEOPLE HAD SETTLED IN LARGE NUMBERS IS NOT ELIGIBLE FOR THE SAME .- JOSEPH WILFRED -23/02/2013 AT 00.33 HRS