Nepali wife buying apartment

Dr Hemkumar (Querist) 25 December 2013 This query is : Resolved
Hi my wife is nerpali citizen living in India since 8 years. she is married to me since 1.5 years(I am indiasn citizen). She is working for past 5 years and has income proof as form 16 for past 3 years. we are planning to buy an apartment on her name. what are the hurdles expected? is RBI clearance necessary(all the money earned is from india.)? what about bank loan?

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ajay sethi (Expert) 25 December 2013
since your wife is nepali citizen applications have to be made to the RBI, which are considered on a case-by-case basis subject to the FEMA requirements. In addition to these provisions that apply all over India there may be specific state laws that regulate the purchase or acquisition of property in that state

Devajyoti Barman (Expert) 25 December 2013
Yes, without such permissions you can ot by in her name unless she has PIO card here.

T. Kalaiselvan, Advocate (Expert) 26 December 2013
Please consult a local lawyer and proceed with the purchase to avoid any problem in the future in this regard.

Rajendra K Goyal (Expert) 29 December 2013
She should apply for Indian Citizenship. She can not remain citizen of both countries.

Indian Citizenship by Registration: One of the requirements of getting citizenship through registration is being resident in India for seven years before making an application for registration as a Indian Citizen and is married to a citizen of India or whose parents are registered as citizens of India.

Devajyoti Barman (Expert) 29 December 2013
India now sort of recognises dual citizenship by way of PIO card.

Rajendra K Goyal (Expert) 29 December 2013
Sir,

Citizens of Nepal cannot get PIO Cards because any person who at any time a citizen of Afghanistan, Bhutan, China, Nepal, Pakistan and Sri Lanka are not eligible for a PIO Cards.
(Taken from net)

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