A) According to the regulations of FEMA and RBI, an NRI is permitted to make specific investment in real estate. A NRI is allowed to do the following investments in property:
1. Any immovable property can be purchased by an NRI in India other than any agricultural land, farm house and plantation property.
2. He can get any immovable property as mentioned above by gift from Indian resident, Indian citizen residing outside India or person of Indian origin.
3. Obtain any property by inheritance.
4. He can transfer immovable property to any resident of India by sale.
5. He can transfer any agricultural land, farm house or plantation land to any resident of India by gift.
6. He can also transfer his residential or commercial property by means of gift to any person either residing in India or abroad or person of Indian origin.
B) NRI may, without limit, purchase on repatriation basis:
? Government dated securities / Treasury bills
? Units of domestic mutual funds;
? Bonds issued by a public sector undertaking (PSU) in India.
? Non-convertible debentures of a company incorporated in India.
? Perpetual debt instruments and debt capital instruments issued by banks in India.
? Shares in Public Sector Enterprises being dis-invested by the Government of India, provided the purchase is in accordance with the terms and conditions stipulated in the notice inviting bids.
? Shares and convertible debentures of Indian companies under the FDI scheme (including automatic route & FIPB), subject to the terms and conditions specified in Schedule 1 to the FEMA Notification No. 20/2000- RB dated May 3, 2000, as amended from time to time.
? Shares and convertible debentures of Indian companies through stock exchange under Portfolio Investment Scheme, subject to the terms and conditions specified in Schedule 3 to the FEMA Notification No. 20/2000- RB dated May 3, 2000, as amended from time to time.
c)Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by Government or local authority or other marketable securities of a like nature, leasing, hire-purchase, insurance business, chit business
d) n terms of Section 45-IA of the RBI Act, 1934, no Non-banking Financial company can commence or carry on business of a non-banking financial institution without a) obtaining a certificate of registration from the Bank and without having a Net Owned Funds of Rs. 25 lakhs (Rs Two crore since April 1999).
e) Effective from April 24, 2004, NBFCs cannot accept deposits from NRIs except deposits by debit to NRO account of NRI provided such amount does not represent inward remittance or transfer from NRE/FCNR (B) account.
f) for setting mortgage company in india you would need RBI licence . it is doubtful whether any such licence would be issued