How a person resident in India can hold, own, transfer or invest in any immovable property situated outside India. Comment.

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2019
How a person resident in India can hold, own, transfer or invest in any immovable property situated outside India. Comment.

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 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. A person resident in India can acquire immovable property outside India by way of gift or inheritance from 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 person resident in India can purchase immovable property outside India out of foreign exchange held in his/her Resident Foreign Currency (RFC) account. A person resident in India 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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