Prohibition on transfer of immovable property allows limited RBI and bank-authorised exceptions for secured lending and specified resident transfers. Persons resident outside India are generally prohibited from transferring immovable property in India, but the Reserve Bank may permit transfers with conditions. Authorised dealers may allow creation of charges or mortgages to secure overseas lending, including for NRIs/OCIs who are directors, provided borrowing funds are used for the company's core overseas business and, if charge is invoked, the property is sold to an eligible acquirer with proceeds remitted to the overseas lender. Prior lawful acquisitions by non-residents may be transferred to residents through banking channels if the transferee is eligible.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Prohibition on transfer of immovable property allows limited RBI and bank-authorised exceptions for secured lending and specified resident transfers.
Persons resident outside India are generally prohibited from transferring immovable property in India, but the Reserve Bank may permit transfers with conditions. Authorised dealers may allow creation of charges or mortgages to secure overseas lending, including for NRIs/OCIs who are directors, provided borrowing funds are used for the company's core overseas business and, if charge is invoked, the property is sold to an eligible acquirer with proceeds remitted to the overseas lender. Prior lawful acquisitions by non-residents may be transferred to residents through banking channels if the transferee is eligible.
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