https://www.taxtmi.com/caselaws?id=404764 Prior RBI permission under Section 31 of the Foreign Exchange Regulation Act, 1973 is a condition precedent to a valid transfer or disposal of immovable property by a non-citizen of India. Read with the statute's penalty and confiscation provisions, the requirement is mandatory rather than directory, so a gift or transfer made without that permission is prohibited and unenforceable in law until approval is obtained. The absence of express words declaring such a transaction void does not save it from invalidity where the statutory scheme shows a clear prohibition. en-us Fri, 26 Feb 2021 00:00:00 +0530 Fri, 26 Jun 2026 15:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=404764 Prior RBI permission under Section 31 of the Foreign Exchange Regulation Act, 1973 is a condition precedent to a valid transfer or disposal of immovable property by a non-citizen of India. Read with the statute's penalty and confiscation provisions, the requirement is mandatory rather than directory, so a gift or transfer made without that permission is prohibited and unenforceable in law until approval is obtained. The absence of express words declaring such a transaction void does not save it from invalidity where the statutory scheme shows a clear prohibition. Case-Laws FEMA Fri, 26 Feb 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=404764