IPI 2
(Paragraph 11 E.3)
Application for permission underSection 31(1) of
Foreign Exchange Regulation Act, 1973 to transfer
or dispose of 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 - 400 023. |
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2. | A separate form should be used for each immovable property. |
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3. | If the applicant has not obtained the Reserve Bank of Indias permission/licence to acquire/hold the property proposed to be transferred/disposed of (c.f.item No. 6), he/she should seperately submit an application in form IPI 1/declaration in form IPI 6, together with the necesssary particulars/documents, as the case may be, for obtaining such permission. |
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Documentation:
Please submit the following documents asapplicable :
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 disposal/transfer : |
| Mode of disposal/transfer | | | Documents |
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| (a) | Sale/lease | (i) | | An authenticated copy of agreement for Sale/lease or draft of sale/lease deed. |
| | | (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 receivable for the immovable property as on a date nearer to the date of agreement for its sale/lease. |
| (b) | Settlement | | | An authenticated copy of the proposed settlement deed. |
| (c) | Mortgage | | | An authenticated copy of the draft of proposed mortgage deed. |
| (d) | Gift | | | An authenticated copy of the draft gift deed. |
1. | Full name and address of the applicant | | | |
2. | If the applicant is an individual, please state : | | | |
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| (a) | Nationality of the applicant | (a) | | |
| (b) | Nationality of the applicants father/grandfather | (b) | | |
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3. | If the applicant is a foreign citiz residing in India, please state : | | | |
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| (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) | If the applicant has settled down in India permanently, he/she should state : | (e) | | |
| | (i) | 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 held abroad by him/her | | (i) | |
| | (ii) | Whether he/she has converted his/her non-resident accounts maintained with bank/s in India into resident account/s(Documentary evidence in support of the applicants statement in this regard should be enclosed) | | (ii) | |
| (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 : | | | |
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| (a) | Place where the company is incorporated | (a) | | |
| (b) | Percentage of non-resident interest in the company | (b) | | |
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| (c) | Particulars of Reserve Banks approval, if any, for undertaking business activities in India | (c) | | |
5. | (a) | Description of immovable property to be disposed of/transferred (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 and municipal/survey number, etc. | (b) | | |
6. | (a) | Whether the property in question was declared to the Reserve Bank in the past; if so, state : | | | |
| | (i) | Date of the declaration | | (i) | |
| | (ii) | Particulars of the Reserve Banks holding licence,if any | | (ii) | |
| (b) | Date on which the immovable property was acquired by the applicant | (b) | | |
| (c) | If the property was acquired with the prior approval of Reserve Bank, state number and date thereof | (c) | | |
7. | The reason for transferring or disposing of the property | | | |
8. | How the property is to be transferred/ disposed of i.e. whether by way of sale, lease, settlement, mortgage, gift, etc. | | | |
9. | If the property is to be sold, please state : | | | |
| (a) | Name, nationality and present and permanent address of the purchaser | (a) | | |
| (b) | If the purchaser is a proprietary/ partnership concern, please state the name, nationality and place of present and permanent residence of the proprietor/each partner of the concern | (b) | | |
| (c) | If the purchaser is a company give details of its shareholding as under: | (c) | | |
| | Equity | Preference |
| | No. of shares | Face value | % | No. of shares | Face value | % |
| | Non-resident | | | | | | |
| | Resident | | | | | | |
| | Total | | | | | | |
| (d) | Amount of sale price | (d) | | |
| (e) | How the sale proceeds will be disposed of | (e) | | |
10. | If the property is to be leased/subleased for a period exceeding five years,please state : | |
| (a) | Name and address of the lessee | (a) | |
| (b) | Period of lease/sub-lease and amount of lease premium to be received | (b) | |
| (c) | Monthly/Annual rent receivable | (c) | |
| (d) | How the amount of lease premium and rental income will be disposed of | (d) | |
11. | If the property is to be transferred by way of settlement, please state : | | |
| (a) | Name,nationality and place of present and permanent residence of the beneficiary | (a) | |
| (b) | Relationship with the beneficiary | (b) | |
12. | If the property is to be mortgaged,please state : | | |
| (a) | Name, nationality & place of present and permanent residence of the mortgagee | | |
| (b) | Amount of loan or advance to be obtained against the mortgage and how the amount will be disposed of | (b) | |
| (c) | Purpose of obtaining the loan/ advance | (c) | |
13. | | If the property is to be gifted, please state : | | |
| (a) | Name,nationality & place of present and permanent residence of the beneficiary | (a) | |
| (b) | Relationship with the beneficiary | | |
| I/We hereby declare that the particulars given above are true and correct to the best of |
my/our knowledge and belief. |
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Encls. : | | | | | |
| | | | | (Signature of Applicant/Authorised Official) |
Place: | | | | | Name: | |
Date : | | | Stamp | | Designation: | |
UNDERTAKING
| "I, | |
son/wife of | |
residing at | |
do hereby agree and undertake as follows :- |
| The Reserve Bank of India having permitted me to transfer or dispose of by way of |
sale/gift/inheritance/settlement/lease, etc., the immovable property situated in india, |
viz., | |
I will not, at any time, seek facilities for remittance/repatriation outside India, out of the sale proceeds of the property. 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) |