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Centre cracks whip on illegal property deals by foreigners

The Centre has advised the state governments to be "extra vigilant" in matters of acquisition and transfer of immovable properties by a non resident of India.

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Taking a serious note of the foreign nationals acquiring immovable properties illegally in India, the Centre on Sunday asked the state governments to keep an eye on such transactions across the country.
    
"It has come to the notice of the Central government that foreign nationals are buying immovable property illegally in some parts of the country, particularly in Goa, which has raised concerns," the ministry of finance said in a statement.
    
The Centre has advised the state governments to be "extra vigilant" in matters of acquisition and transfer of immovable properties by a person, who is not a resident of India, and satisfy themselves about the eligibility under Foreign Exchange Management Act (FEMA).
    
"The enquiries may include both the intending buyers and sellers. The relevant travel documents and the nature of visa may also be verified before registering such sale or purchase," the statement said.
    
The Centre has also advised the states, if they feel so, that the authorities may consider reviewing registration of sale or purchase already made to determine the buyers' or the sellers', who are residents outside India, compliance with legal requirements.
    
"Further, persons acquiring immovable property have to fulfill the requirements, if any, prescribed by the state authorities," it added.
    
According to FEMA, a foreign firm, establishing a branch office or other place of business in India, can acquire immovable properties here.
    
Also, a foreign national, who is residing in India for more than 182 days during the course of the preceding financial year for taking up employment or carrying on business or for any other purpose, can acquire immovable properties in the country.

Besides, an Indian citizen resident outside the country and a person of Indian origin staying abroad may also acquire immovable properties here other than agricultural land, plantation or a farm house.
    
However, the government noted that "foreign nationals coming to India and staying beyond 182 days on a tourist or other visa meant for a certain period are illegally acquiring immovable property in India in violation of the extant rules and regulations under FEMA".
    
Many organisations and social groups have also raised their serious concerns in this regard, it added.

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