A.P. (DIR Series)
Circular No.35/2002-03-RB, Dt. 01-11-2002
Lifting of lock-in period for repatriation of sale proceeds of immovable
property situated in India
Attention of authorised dealers
is invited to Regulation 6 (b) (ii) of Reserve Bank Notification No. FEMA
21/2000-RB dated May 3, 2000 in terms of which authorised dealers have been
permitted to allow Non-Resident Indians/ Persons of Indian origin, (NRIs/PIOs)
to repatriate sale proceeds of immovable property (other than agricultural
land/farmhouse/plantation property) in India, provided the sale takes place
after three years from the date of acquisition of such property or from the date
of payment of final instalment of consideration for its acquisition, whichever
is later.
2. Reserve Bank has issued Notification No. FEMA 65/2002-RB dated June 29, 2002
(copy enclosed) amending the Notification cited above, removing the existing
lock-in period for repatriation of the sale proceeds of immovable property
purchased in India by NRIs/PIOs. Accordingly, it will be in order for authorised
dealers to allow remittance of sale proceeds of immovable property in India
acquired by NRIs/PIOs, irrespective of the period for which the property was
held. The sale proceeds allowed to be repatriated should, however, not exceed
the foreign exchange brought in to acquire the property.
3. Authorised Dealers may bring the contents of this circular to the notice of
their constituents concerned.
4. The directions contained in the circular have been issued under Section 10
(4) and Section 11 (1) of the Foreign Exchange Management Act, 1999 (42 of
1999).
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