Is RBI permission required to transfer money received by way of inheritance
Question: If an Indian Resident die and his executor in India transfer his money (3 crs) to an NRI who is grandson of deceased, whether RBI permission require for transfer of money from deceased or executor account to NRI (USA) in his NRO account in India. Deceased has made will and WILL is probated in Court.?
Raju Kanumuri: Yes, an NRI/PIO can receive a gift from a resident relative. However, the amount cannot exceed the limit prescribed under LRS, i.e., $250,000 per financial year
The account can be credited with inward remittances from outside India, legitimate dues in India and rupee gift/loan made by a resident to an NRI/PIO relative subject to the limit prescribed under LRS. Only current income such as rent, pension, interest, etc. can be remitted from an NRO account outside India. Apart from current income, balances in the NRO account may be repatriated abroad or to an NRE account only up to $1 million in a financial year (April to March). Repatriation of an amount in excess of $1 million may be permitted by RBI under the approval route in exceptional circumstances.
All remittances made outside India are required to be made a net of applicable taxes. While remitting funds overseas, a Form A2, a Chartered Accountant’s certificate in Form 15CB and a self-declaration in Form 15CA are required to be furnished to the bank, confirming that applicable taxes have been deducted and deposited into the government treasury.
The bankers remitting the funds from NRO/NRE account may call for additional documents to substantiate that the funds being remitted from India are from genuine sources and adequate taxes have been paid.
Q: Can residential/commercial property be mortgaged by NRI?
A: The sale proceeds of immovable property acquired by way of gift should be credited to NRO account only. From the balance in the NRO account, NRI/PIO may remit up to USD one million, per financial...
Q: How can an NRI make payment for the purchase of residential property in India?
A: Payment can be made by NRI / PIO out of :
Funds remitted to India through normal banking channels or
Funds held in NRE / FCNR (B) / NRO account maintained in India
No payment can be made...
Q: Is repatriation of the application money for booking of flat/ payment made to the builder by NRI allowed when the flat is not allowed or the booking contract is canceled?
A: The Authorised Dealers can allow NRIs / PIOs to credit refund of application/ earnest money/ purchase consideration made by the house building agencies/ seller on account of non-allotment of flat/...
Q: If the rupee loan was taken by the NRI from an authorized dealer for the purchase of a residential property can an NRI repatriate the sale proceeds of such property?
A: Yes, Authorised Dealers have been authorised to allow repatriation of sale proceeds of residential accommodation purchased by NRIs/ PIOs out of funds raised by them by way of loans from the...
Q: Can OCI holders open PPF account in India?
A: OCI holders who are living in India are considered to be residents in India. Their status is no longer that of a Non-Resident (NRI). Therefore they can open PPF account in India.
While we are on...
Q: What are the step by step instructions to replace lost OCI card?
A: Before a lost OCI card can be replaced,
Applicants should file a police report. To apply for a replacement OCI Card, applicants will have to provide a copy of the complaint filed with the police....
Q: Can i repatriate funds in the NRI account?
A: The principal as well as the interest of the funds in an NRI account can be repatriated only if a person holds either an NRE account or an FCNR account. In case of an NRO account, only interest...
Q: Are there any prohibitions on the purpose for which loans cannot be taken?
A: The loans cannot be utilized for the purpose of re-lending or for carrying on agriculture or plantation activities or for investment in real estate business.