| Q |
Who is a Non-Resident Indian (NRI) ? |
|
A NRI is a Person Resident Outside India who is a citizen
of India or a Person of Indian origin.
A Person resident outside India is a person who has gone out
of India or who stays outside India, in either case
| - |
For
or on taking up employment outside India, or |
| - |
For
carrying on outside India a business or vocation, or |
| - |
For
any other purpose, in such circumstances as would indicate
his intention to stay outside India for an uncertain
period
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| Q |
Who is a Person of Indian Origin ? |
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A
person of Indian origin is an individual (not being a citizen
of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China
or Iran or Nepal or Bhutan), who:
| - |
At
any time, held Indian passport |
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Who
or either of whose father or whose grandfather was a
citizen of India by virtue of the Constitution of India
or the Citizenship Act, 1955 (57 of 1955).
|
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| Q |
Do
non-resident Indian citizen require permission of Reserve
Bank to acquire residential/ commercial property in India
?
|
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No.
An Indian citizen resident outside India does not require
any permission to acquire any immovable property in India
other than agricultural/ plantation property or a farmhouse.
|
| Q |
Are
there any formalities or forms to be filled/filed when either
the Sale Deed or transfer documents is to be executed ?
|
| |
Yes.
The following are the formalities or forms to be filled/filed
:
| - |
This
depends from State to State in which the Property is
situated. Every State has its set of forms under the
Registration Rules that are required to be filled in
and filed along with and at the time of Registration
of Sale Deed/Transfer Deed
|
| - |
Under
the provisions of the Income Tax Act and Rules for a
transaction of sale, it is now compulsory for the Purchaser
and Seller to give their Permanent Account Number and
in the event of either the Seller and/ or the Purchaser
would be required to fill Form 60 of the Income-Tax
Rules
|
| - |
In
case of either the Purchaser or the Seller being a Non-Resident
Indian, not assessed to tax in India, such a Party would
be required to file Form 60 of the Income-Tax Rules
|
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| Q |
Does
registration of any Sale Deed or transfer documents attract
any payment of statutory levies/duties ?
|
| |
Yes.
The following are the details:
| 1. |
Stamp
Duty is payable on Sale Deed or transfer documents and
the amount of stamp duty varies from State to State.
|
| 2. |
Apart
from the Stamp Duty, the State may also collect levies/cess
which would be in addition to such Stamp Duty.
|
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| Q |
Does
one register the sale/transfer documents ? |
| |
Yes.
Sale/transfer documents of any immovable Property of the value
exceeding INR 100/- are compulsorily registrable documents
- and such documents are required to be registered in the
jurisdictional office of the Registrar of Assurances or Sub-Registrar,
as may be provided by the Registration Rules of the State.
|
| Q |
Can
the properties (residential / commercial) owned by NRIs be
given on rent if not required for immediate use ?
|
| |
Yes.
GOI in general has granted general permission for letting
out any immovable property in India. The rental income or proceeds
of any investment of such income are eligible for repatriation.
|
| Q |
What
are the consequences of delay in Stamp Duty ? |
| |
If
the stamp duty is not paid on time it attracts penalty at
the rate of 2% per month of the stamp duty that has to be
paid. But it cannot exceed twice the amount of the stamp duty
that has to be paid. Besides the penalty amount the defaulter
will have to pay the amount of the stamp duty. According to
govt. rules and regulations prevailing on any given date.
|
| Q |
What
are the precautions one should take while purchasing a property
? |
|
A
purchaser must take following precautions while purchasing
a property:
| 1. |
Examine
title of the property by investigating the source from
which the seller acquired the property. This search
can be conducted at the sub-registrars office.
It is advisable to investigate the title for the past
thirty years or upto the orginal owner whichever is
later. These are called "link documents".
Latest tax receipts.
|
| 2. |
An
EC from the Registrar for 13 years. |
| 3. |
One
must check if the appropriate stamp duty has been paid
on all these documents.
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| 4. |
If
the property is situated in a cooperative society the
original share certificate should be examined.
|
| 5. |
All
documents examined, should be original to ensure that
the seller has a clear title and that there are no encumbrances
on the property such as lien or mortgage or any other
charge. Non-availability of any original document should
be taken seriously.
|
| 6. |
If
the flat is in a co-operative society, it is advisable
to get a No-Objection Certificate even though it is
no longer mandatory. By way of the NOC it will be clear
if any dues of the society are pending and the purchaser
can avoid future problems.
|
| 7. |
It
is also advisable to see the latest society bill and
the latest electricity bill.
|
| 8. |
The
cost of land is increasing on a year to year basis &
the market value is being taken into consideration by
the govt. besides the occasional increase in govt. stamp
duty & also registration fee.
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