• Indian origin US Citizenship buing/selling property in india

Sunitha and saumya are two sisters both born in india in 1948 and educated in india and they went to US with indian citizenship for job and settled there and got US Citizenship who got US Passport,they dont have indian-passport, OCI,PIO card they purchased a residential plot in bangalore from krishan in 2010 and they sold the property to me in 2022.they are having PAN card and NRO bank account in india and filing tax Regularly

1)is the sale is valid can sunitha and saumya can buy and sell a residential property in india with out indian-passport,OCI and PIO card ?
2)is OCI/PIO card mandatory for purchasing residential property in india for sunitha and saumya ?
3) is there any complications involved in the sale ?
Asked 2 years ago in Property Law
Religion: Hindu

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10 Answers

Foreign nationals who are not of Indian origin and reside outside India are restricted from acquiring any immovable property in India, unless the property is inherited from a person who was a resident of India.

in the present case they are person of Indian origin they can acquire residential plot in India 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1. The purchase of property by them in India is very much legally valid.

2. It's not mandatory.

3. There is no complication in sale of this property by them to you however as an abundant caution you may obtain a legal opinion from a local lawyer about the genuineness of the property.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

yES.

nO

nO

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. Yes, As per law , An NRI OCI/can only sell residential or commercial property in India to a person residing in India or to an NRI or a PIO (Person of Indian Origin). 

2. No

3. No.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

An oci and nri can buy only residential properties in India and not the agricultural property. 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1) you cannot be forced to return original documents 

 

2) sale deed should mention original documents delivered 

 

3) if you lose original documents then you have to apply for and obtain certified copy of original documents 

 

4) your ownership cannot be challenged 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1. It is an erroneous statement because if the vendor had handed over all the original documents there is no necessity for him to mention that he handed over copies of the original documents, however since you have already received all the original documents pertaining to the chain of title to this property, there is no cause to be concerned about it.

2.  The vendors cannot demand to return the original documents once they have sold the property by executing a registered sale deed in your favor.

3. If you lose the original documents then you may have to follow the further legal process in this regard as per procedures of law.

4. If this statement was executed by a registered document then you can get it rectified.

5. You may check with your lawyer for the reason about this opinion.

6. Since the property was transferred to your name by executing a registered sale deed, you need not be worried about the title. 

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

1. After selling the property the seller has no right to keep the original copy of the property , and it must be deliver to purchaser

2. No , Legally he cannot ask for the same due to any reasons. 

3. You can get the certified copy from the office of the Registrar , and without this no purchaser will be there. 

- Further, in case of lost you will have to register an FIR for the same 

4. You can rectified the same , however no required as if the sale deed registered in the presence of two witnesses

5. It is wrong , any information can be rectified if both the parties agreed for the same.  

6. No. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

  1. They can buy and sell property in India without passport if they have a NRO Account.
  2. Yes, it is necessary for them to show their OCI and PIO card as per the Reserve Bank of India guidelines
  3. Under FEMA Section 6(5), they won’t be able to take the profits from selling an inherited property out of India without RBI permission

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

You need to get a certified copy for the same if it’s lost along with affidavit 

no one can challenge your ownership 

in rectification spelling mistake as week as averment can be changed by mutual action 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

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