Dear Querist,
Acquiring immovable property in India by persons resident outside India is regulated in terms of Section 6(3) (i) of the Foreign Exchange Management Act (FEMA), 1999 as well as by the regulations contained in Notification issued by RBI dated May 3, 2000, as amended from time to time. The persons resident outside India are categorized as Non- Resident Indians (NRIs) or a foreign national of Indian Origin (PIO) or a foreign national of non-Indian origin. A person resident in India who is not a citizen of India is also covered by the relevant Notifications.
They can acquire the immovable property under two ways:
1. Under General Permission
2. With prior permission of RBI
A. You can acquire the immovable properties other than agricultural land/ form house/ plantation property from out of funds:
a)received in india by way of inward remittance through banking channals from any place outside India.
b) held in any non-resident account maintained in accordance with the provisions of the act and the regulations made by the RBI under the act.
B. If you want to invest in agricultural land etc, or from funds not covered above you need to seek prior permission of RBI.
The non-resident Indians who are staying abroad may enter into an agreement through their relatives and/or by executing the PoA in their favour as it is not possible for them to be present for completing the formalities of purchase (negotiating with the builder or Developer, drafting and signing of agreements, taking possession, etc.) These formalities can be completed through some known person who can be given the PoA for this purpose. The PoA should be executed on the stamp paper before the proper authorities in foreign countries. The PoA cannot be drafted on the stamp paper bought in India.
Trust this would suffice.