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sarojsagay (association)     24 April 2013

Transfer of property from abroad

We are 5 brothers and sisters, we live in Europe and we have an inherited house in Chennai. I am one of the sisters, and willing to purchase the house from them and they are ok but none of them can travel back to India.  I am planning to live there, with my son who is OCI. My brothers and sisters want me to pay the sale price in euros.


How can this transfer/sale between brothers/sisters be made out here so it is valid and registered in Chennai ?

What are the taxes to be paid to the indian authorities ?

I am looking forward for your advice

Thanks alot

 



Learning

 4 Replies

Advocate Sastry (Advocate)     24 April 2013

1. An NRI can sell his property in India to a Resident Indian or another NRI

2. Payment can be made by NRI out of: (a) funds remitted to India through normal banking channels or  (b) funds held in NRE / FCNR (B) / NRO account maintained in India.

3. Regarding remittance to the sellers please be guided "

NRIs are also allowed by the Authorised Dealers to repatriate an amount up to USD 1 million per financial year out of the balance in the NRO account / sale proceeds of assets by way of purchase / the assets in India acquired by him by way of inheritance / legacy. This is subject to production of documentary evidence in support of acquisition, inheritance or legacy of assets by the remitter, and a tax clearance / no objection certificate from the Income Tax Authority for the remittance. Remittances exceeding US $ 1,000,000 (US Dollar One million only) in any financial year requires prior permission of the Reserve Bank. "

4. You can contact your Bank in India and your Chartered Accountant for further details.

Advocate Sastry (Advocate)     24 April 2013

Please also go through the FAQs on Acquisition and Transfer of Immovable Property in India by a person resident outside India of RBI website

sarojsagay (association)     25 April 2013

Thanks a lot for your reply.

1. Do we need to go to the Indian Embassy to have the sale registered, and properly recognized in India ? As said, none of my brothers and sister can travel to India.

2. Tne NRO account : has it to be opened in India ?

 

Again, a lot of thanks for your help

Advocate Sastry (Advocate)     25 April 2013

OK. Note that registration cannot be done at Indian Embassy.  NRO account should be opened with a bank in India 


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