Vide circular dated January 21, 2016 the RBI has imposed certain restrictions on acquisition and sale of immovable properties outside India.

Save as provided in the Foreign Exchange Management Act, 1999 or in the Foreign Exchange Management (Acquisition and transfer of immovable property outside India) Regulations, 2015 no person resident in India shall acquire or transfer any immovable property situated outside India without general or special permission of the Reserve Bank.

However, nothing contained in the regulation shall apply to the property:

1. held by a person resident in India who is a national of a foreign state;
2. acquired by a person resident in India on or before 8th July 1947 and continued to be held by him with the permission of the Reserve Bank.

Pursuant to this notification:

1. A person resident in India may acquire immovable property outside India:
1. by way of gift or inheritance from a person referred to in sub-section (4) of Section 6 of the Act, or referred to in clause (b) of regulation 4;
2. by way of purchase out of foreign exchange held in Resident Foreign Currency (RFC) account maintained in accordance with the Foreign Exchange Management (Foreign Currency accounts by a person resident in India) Regulations, 2015;
3. jointly with a relative who is a person resident outside India, provided there is no outflow of funds from India;
2. A person resident in India may acquire immovable property outside India, by way of inheritance or gift from a person resident in India who has acquired such property in accordance with the foreign exchange provisions in force at the time of such acquisition.
3. A company incorporated in India having overseas offices, may acquire immovable property outside India for its business and for residential purposes of its staff, in accordance with the direction issued by the Reserve Bank of India from time to time.

For full text of circular, click here.