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Rashmi (Consultant)     15 November 2010

Want to buy a proeprty in India

Hi, I am currently staying in UK and want to buy a flat in Mathura, Uttar Pradesh. But the problem is I am not in a position to travel to India right now. Please suggest the possible ways to buy the property in my name without going to India. My brother is in India to help me. Can I give POA to my brother to buy the flat in my name? Is it possible to give only the right to buy the property but not to sell the property? Please advise soonest.



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 4 Replies

Suchitra. S (Advocate)     15 November 2010

Madam, You can give POA for specific purpose of buying property on your behalf only. Then he cannot sell the same without your notice.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     15 November 2010

Dear Querist,

Acquiring immovable property in India by persons resident outside India is regulated in terms of Section 6(3) (i) of the Foreign Exchange Management Act (FEMA), 1999 as well as by the regulations contained in Notification issued by RBI dated May 3, 2000, as amended from time to time. The persons resident outside India are categorized as Non- Resident Indians (NRIs) or a foreign national of Indian Origin (PIO) or a foreign national of non-Indian origin. A person resident in India who is not a citizen of India is also covered by the relevant Notifications.

 

They can acquire the immovable property under two ways:

 

1.                  Under General Permission

2.                  With prior permission of RBI


A. You can acquire the immovable properties other than agricultural land/ form house/ plantation property from out of funds:

 

 

a)received in india by way of inward remittance through banking channals from any place outside India.

b) held in any non-resident account maintained in accordance with the provisions of the act and the regulations made by the RBI under the act.

 

B. If you want to invest in agricultural land etc, or from funds not covered above you need to seek prior permission of RBI.

 

The non-resident Indians who are staying abroad may enter into an agreement through their relatives and/or by executing the PoA in their favour as it is not possible for them to be present for completing the formalities of purchase (negotiating with the builder or Developer, drafting and signing of agreements, taking possession, etc.) These formalities can be completed through some known person who can be given the PoA for this purpose. The PoA should be executed on the stamp paper before the proper authorities in foreign countries. The PoA cannot be drafted on the stamp paper bought in India.

Trust this would suffice.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     15 November 2010

we can assist in all FEMA and POA  problems, we can send you all templates to proceed with your relative.

bhagwat patil (Property due diligence 9422773303)     15 November 2010

For POA u can sign before CONSULATE officer in UK. and acceptance will be signed in INDIA by ur brother in presence of excucative magistrate


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