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Can residential and commercial property be mortgaged?

Can residential and commercial property be mortgaged?

i) NRI/ PIO can mortgage to: (a) an authorised dealer/ housing finance institution in India- without the approval of Reserve Bank. (b) a party abroad – with prior approval of Reserve Bank.

ii) a foreign national of non-Indian origin can mortgage only with prior approval of Reserve Bank

iii) a foreign company which has established a Branch Office or other place of business in accordance with FERA/FEMA regulations has general permission to mortgage the property with an authorized dealer in India.

Immovable property is an immovable object, an item of property that cannot be moved without destroying or altering it – property that is fixed to the earth, such as land or a house. In the United States it is also commercially and legally known as real estate and in Britain as property.

A person resident outside India who is a citizen of India (NRI) can acquire by way of purchase, any immovable property in India other than agricultural land/plantation property/farm house. He can transfer any immovable property other than agricultural or plantation property or farm house to-

a) A person resident outside India who is a citizen of India or

b) A person of Indian origin resident outside India or c) A person resident in India.


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