2013 (9) TMI 834

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....izen', is the crux of the matter to be considered, particularly with reference to Regulations 4(d) and 4(e) of Foreign Exchange Management (Acquisition and Transfer of Immovable property in India) Regulations, 2000. The sequence of events is as follows: 2. The petitioner was born in Tirur Taluk in Malappuram district. But now, he is Malaysian citizen. His brother by name Ahammed had also acquired....

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....which was remaining in the name of the deceased brother, who had obtained the same by virtue of Ext.P2 title deed of SRO, Tanur. The property was being enjoyed by the deceased brother till his death, also remitting the requisite tax as borne by Ext.P3. The petitioner being the power of attorney holder of the other legal heirs, except Ayishumma, approached the concerned Registrar for effecting conv....

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....n/reply sent by the RBI(Reserve Bank of India) as per the letter dated 27.10.2011, to a similarly situated person like the petitioner, as to the scope and applicability of concurrence of the RBI with reference to Regulation 4(d) and 4(e) of Ext.P6 Foreign Exchange Management (Acquisition and Transfer of Immovable property in India) Regulations, 2000. It reads as follows: "2. We advise that Regula....

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....ection, we further advise that RBI has neither examined the title of the above property nor determined the residential status of the inheritors. The onus is on the individuals to prove their residential status under FEMA 1999, if called upon by any authority under various laws of the country. " 4. Heard the learned Government Pleader as well, who submits on instruction that, the petitioner has no....