Discuss the provisions relating to mode of acquiring immovable property outside India by a person resident in India under the Foreign Exchange Management Act, 1999 (FEMA) and Foreign Exchange Management (Acquisition and

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2020
Discuss the provisions relating to mode of acquiring immovable property outside India by a person resident in India under the Foreign Exchange Management Act, 1999 (FEMA) and Foreign Exchange Management (Acquisition and Transfer of Immovable Property Outside India) Regulations, 2015.

Answer & Explanation:

According to section 6(4) of the Foreign Exchange Management Act, 1999 read with Foreign Exchange Management (Acquisition and transfer of immovable property outside India) Regulations, 2015: A resident can acquire immovable property outside India by way of gift or inheritance from: a person resident in India can hold, own, transfer or invest in any immovable property situated outside India if such property was acquired, held or owned by him/her when he/she was resident outside India or inherited from a person resident outside India.; or a person resident in India who had acquired such property on or before July 8, 1947 and continued to be held by him with the permission of the Reserve Bank. a person resident in India who has acquired such property in accordance with the foreign exchange provisions in force at the time of such acquisition. A resident can purchase immovable property outside India out of foreign exchange held in his/her Resident Foreign Currency (RFC) account. A resident can acquire immovable property outside India jointly with a relative who is a person resident outside India, provided there is no outflow of funds from India.

Topics: Foreign Exchange Management Act (FEMA)

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