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          FEMA

          Can a spouse of an NRI/ OCI who is not a NRI/ OCI acquire property in India?

          Purchase of Immovable Property - As on Apr 06, 2023

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          Spousal acquisition of immovable property permitted jointly with NRI/OCI subject to conditions under Rule 25 of FEMA for non-NRI spouses resident abroad. A person resident outside India who is not an NRI/OCI but is the spouse of an NRI/OCI may acquire one immovable property in India jointly with the NRI/OCI spouse, excluding agricultural land, farmhouse and plantation property, subject to the conditions under the Foreign Exchange Management (Non-Debt Instrument) Rules, 2019.
                            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.

                                  Spousal acquisition of immovable property permitted jointly with NRI/OCI subject to conditions under Rule 25 of FEMA for non-NRI spouses resident abroad.

                                  A person resident outside India who is not an NRI/OCI but is the spouse of an NRI/OCI may acquire one immovable property in India jointly with the NRI/OCI spouse, excluding agricultural land, farmhouse and plantation property, subject to the conditions under the Foreign Exchange Management (Non-Debt Instrument) Rules, 2019.


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