New Page 4IPI 1
(Paragraphs 11 E.3 and 11 E.8)
Application for permission under Section 31(1) of Foreign ExchangeRegulation Act, 1973 to acquire and hold immovable property in India
Instructions:
1. | The application should be completed in duplicate and submitted directly to the Chief General Manager, Exchange Control Department [Foreign Investment Division (iii)], Reserve Bank of India, Central Office, Mumbai - 400 001. |
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2. | A separate form should be used for each immovable property. |
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3. | If the applicant also wants to transfer/dispose of the property, he should submit an application in form IPI 2 together with the necessary particulars/documents separately for obtaining such permission. |
Documentation:
Please submit the following documents as applicable :
4. | If the application is signed by a holder of power of attorney on behalf of the applicant, a copy of the valid Power of Attorney duly certified by a competent authority. |
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5. | An undertaking regarding non-repatriation of sale proceeds, income of/from the property as per the form appended to the application. |
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6. | Documents on the basis of mode of acquisition : |
| Mode of acquisition | Documents |
| (a) | Purchase/lease | (i) | | An authenticated copy of agreement to purchase/lease or draft of purchase/lease deed. |
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| | | (ii) | | A detailed valuation report, in original, from a Govt. approved valuer (registered with the Govt.of India under Wealth Tax Act,Estate Duty Act. etc.) indicating the fair market value of/fair lease premium and monthly lease rent payable for the immovable property as on the date nearer to the date of agreement for its purchase/ lease. |
| | | (iii) | | If the amount of consideration is to be paid out of balances held in the applicants non-resident bank account/s in India,a bank certificate stating the balance held in the account. In case the amount has been remitted from abroad in advance for the specific purpose to meet purchase price/lease premium, a certificate from the concerned bank in India confirming receipt of funds. |
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| (b) | Construction/ Extension | (i) | | A certificate from a Chartered Architect/ Engineer indicating the total built-up area and estimated cost of the construction. |
| | | (ii) | | Approved plan of the proposed construction. |
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| (c) | Inheritance | A certified copy of legal representation such as probate order, letter of administration, succession certificate etc. obtained from an Indian Court in respect of the immovable property. |
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| (d) | Mortgage | An authenticated copy of draft mortgage deed. |
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| (e) | Gift | An authenticated copy of the draft gift deed. |
1. | Full name and address of the applicant | | |
2. | (a) | If the applicant is an individual, please state nationality. | (a) | |
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| (b) | If the applicant considers himself/ herself as a person of Indian origin, please state the reasons therefor. | (b) | |
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| Note: | A person shall be deemed to be of Indian origin if, (i)he/she at any time held Indian passport or (ii)he/she or his/her father or grandfather was a citizen of India by virtue of the Constitution of India or Citizenship Act, 1955 (57 of 1955) [Citizens of Pakistan or Bangladesh or Afghanistan or Bhutan or Sri Lanka or Nepal are however deemed to be not of Indian origin]. | | |
3. | If the applicant is a foreign citizen residing in India, please state : | | |
| (a) | Country of birth | (a) | |
| (b) | Date of birth | (b) | |
| (c) | Since when staying in India and probable duration of further stay in India. | (c) | |
| (d) | Purpose of stay in India | (d) | |
| (e) | Whether he/she has declared to the Reserve Bank all his/her foreign currency assets held abroad and remitted to India all foreign currency balances. | (e) | |
| (f) | Particulars of the Reserve Banks approval, if any, for practising any profession or carrying on any occupation, trade or business. | (f) | |
| (g) | Whether enjoying any recurring remittance facilities; if so, details thereof. | (g) | |
4. | If the applicant is a company, please state : | | |
| (a) | Place where the company is incorporated. | (a) | |
| (b) | Percentage of non-resident interest in the company | (b) | |
| (c) | Particulars of application,if any,made to Reserve Bank for permission under Section 28/29 of FERA, 1973 for carrying on business activities in India. | (c) | |
5. | (a) | Description of immovable property to be acquired (i.e.whether agricultural land or commercial or residential property). | (a) | |
| (b) | Details of its exact area and location stating the name of the State, town, municipal/survey number etc. | (b) | |
| (c) | Details of any other immovable property/ ies held in India by the applicant/his family members stating purpose of holding in each case. | (c) | |
6. | Specific purpose of acquiring/holding the property in question and the manner in which it will be used by the applicant. | | |
7. | How the property is to be acquired i.e. whether by way of purchase, construction/ extension/ addition, lease, inheritance, mortgage or gift. | | |
8. | If the property is to be purchased,please state : | | |
| (a) | Name, nationality and present and permanent address of the seller. | (a) | |
| (b) | Amount of purchase price. | (b) | |
| (c) | Source of funds from which a payment is to be made. | (c) | |
| (d) | If the seller is a proprietary/ partnership concern, please state Name/s, nationality and place of present and permanent residence of the proprietor/each partner of the concern. | (d) | |
| (e) | If the seller is a company, give details of | (e) | Equity | Preference |
| | its share-holdings as under: | No. | Face | % | No. | Face | % |
| | | Of | Value | | Of | Value | |
| | | | shares | | | shares | | |
| | | Non-resident | | | | | | |
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| | | Resident | | | | | | |
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| | | TOTAL | | | | | | |
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9. | If the immovable property is to be acquired by way of construction/addition extension, please state : | | |
| (a) | Total built-up area | (a) | |
| (b) | Cost of construction/extension/ addition. | (b) | |
| (c) | Source of funds from which the cost is to be met. | (c) | |
10. | If the property is to be acquired by way of lease/sub-lease for a period exceeding five years,please state : | | |
| (a) | Name and address of the owner of the property | (a) | |
| (b) | Period of lease and amount of lease premium. | (b) | |
| (c) | Monthly/annual lease rent payable. | (c) | |
| (d) | Source of funds from which the rent is being/will be paid | (d) | |
11. | If the property has been inherited, please state : | | |
| (a) | Name, citizenship, place and date of demise of the deceased. | (a) | |
| (b) | If the property is inherited jointly, please state the name, nationality, and address of each legal heir and share held in the property by each of them. | (b) | |
| (c) | Relationship with the deceased. | (c) | |
| (d) | Whether legal representation to the estate has been obtained. | (d) | |
12. | If the property is to be acquired by way of mortgage, please state : | | |
| (a) | Name, nationality and address of the mortgagor. | (a) | |
| (b) | Amount of loan or advance to be granted against the mortgage. | (b) | |
| (c) | Source of funds from which the amount will be paid. | | |
13. | If the property is to be acquired by way of gift, please state : | | |
| (a) | Name, citizenship and address of the owner of the property. | (a) | |
| (b) | Applicants relationship with the owner. | (b) | |
| I/We hereby declare that the particulars given above are true and correct to the best of |
my/our knowledge and belief. |
Encls: | | | | | |
| | | Stamp | | (Signature of Applicant/Authorised Official) |
Place : | | | | | Name: | |
Date: | | | | | Designation: | |
U N D E R T A K I N G
| "I, | | son/wife of | |
residing at | | do hereby agree and |
undertake as follows :- |
The Reserve Bank of India having permitted me to acquire by way of purchase/gift/ inheritance/ settlement/construction/lease, etc. the immovable property situate in India, viz. |
. | I will not, at any time, seek facilities for |
remittance/repatriation outside India, out of the income accruing on the property or the sale proceeds of the property in case it is sold at a future date. This undertaking will also be binding on my heirs, executors/successors and assignees, and they will not be entitled to seek remittance/repatriation facilities out of such funds." |
Place : | | | |
Date: | | | |
| | | (Signature) |