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pradeep (developer)     03 February 2019

Properties in india- possible issues for nri

Thank for your support in the past.

Currently i am in Canada in Permananent Resident (Still with Indian Passport) status and planning to appy for CITIZENSHIP.

I have two properties in India- 1. House in my father's name and 2. Appartment in my name with EMI still running.

House in Father's name:

Both of my father and mother have passed away and i dont have any sibilings.

I have a legalhier certificate stating that i am the only sone for my parents which i have got before i come to canada.

The document still in fathers name - consulted with lawyers and they mentioned that the property is automaticllay will be belong to me as i dont have any sibilings and it is not necesssary to change the name.(i believe the recommendation made by lawyers still hold good- Correct me if wrong)


House in My name:

The House is in my name and still i have house loan going with which i am planning to close in next few months.


a.) will there be any issues on these properties if i become a citizen of canada ?

b.) Should i do any procedures to protect these properties on the longer run?

c.) what would be the possible challenges i will face when selling these properties as NRI?

 



Learning

 2 Replies

Dr J C Vashista (Advocate)     03 February 2019

You can retain the properties in your name. 

However, obtain LR certificate from concerned Tehsildar for getting the inherited property mutated in your name.

Better to consult and engage a local prudent lawyer for appropriate proceeding. 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 February 2019

You are free to dispose off the properties. The sake proceeds can be credited to your NRO account only. You have to pay Capital Gains Tax out of the sale proceeds. Contact a good Income Tax Consultant or Chartered Accountant to handle the matter and obtain 15CA and 15CB for you copy if which needs to be submitted to the bank at the time of repatriation of the sale proceeds. Now taking that money out. You can take out ie repatriate the sale proceeds only to the extent equivalent to USD 1.00 million per annum ie. financial year ie 1st Apr to 31st March. Over and above USD 1.00 million only during next financial year with a cap of USD 1.00 million. Any further doubts, you may ask as supplementary to this clarification.

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