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a) An individual, that is, a person of the age of majority or a minor through a
legal or natural guardian, whether an Indian citizen or a foreigner of Indian
origin*, resident in India or abroad.
(* A foreign citizen shall be deemed to be a person of Indian origin if he/she
holds or has held an Indian passport at any time or he/she/her father or
grandfather was an Indian by virtue of the Constitution of India or the Indian
Citizenship Act ,1955.
Citizens of Pakistan, Bangladesh, Afghanistan, Bhutan, Nepal and Sri Lanka
shall be deemed to be a person not of Indian origin).
(b) Other Entity/Entities, that is, Body Corporate incorporated in India or
Partnership or HUF or any other association of persons (AOP) recognised as a
legal entity under the law in India.
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The completed Application Form along with cheque/DD/Pay Order favouring "Gurgaon
One Sales Account " payable at Delhi, is to be submitted at any of the offices
listed below:
It is our endeavour at AEZ Group of Companies to be fair, transparent and
equitable in the method of allotment of the apartments. While considering
suitable methodology for allotment, AEZ Group of Companies has tried to bring
about a judicious balance between the following objectives:
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To give an equal chance to all eligible applicants interested in participating
in any of our projects.
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To determine the relative priority of choice in the selection of apartments
through an unbiased and equitable process.
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To respect the desire of each applicant to choose an apartment, and to try and
accommodate the matter of choice to the extent possible based on the
availability of the apartments.
The allotment procedure shall strictly be on a 'first-come-first-serve' basis.
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Please visit our Payment Plans section for a detailed information on the
available Payment Plans.
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An allottee may transfer his/her rights/lien on his/her flat to a person
qualifying as per the application criteria (please see Who can Apply for the
definition), provided the Company in its sole discretion permits the transfer
and aft. an application in the prescribed format is submitted along with all
original documents pertaining to the said flat, all outstanding against the
said flat, if any, and administrative charges as prescribed by the Company.
Payment of administrative charges is in no way a confirmation of Company's
consent to transfer the flat.
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The Sale/Transfer/Conveyance deed of the apartments shall be executed and
registered in favour of the allottee aft. the apartments have been constructed
and the entire sale consideration and all other dues and deposits are received.
The allottee will be required to pay legal fees, stamp duty, registration
charges and other related charges as may be levied by the Government from time
to time. The present applicable rate of stamp duty is at the rate of 8 per cent
of the total apartment cost.
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The allottee is aware that what he/she is agreeing to purchase an apartment
/space in a multi-storeyed building. He/she is also aware that the building is
to be maintained in a proper form and common areas and services are to be
maintained for full utility of the building. Therefore, the allottee shall
regularly pay to the company maintenance and services charges, as determined by
the Company and/or by the maintenance agency. The owners shall look aft. the
maintenance and upkeep of the common areas and facilities until these are
handed over to the Maintenance Agency and/or the Association/Society of
apartment owners. The Maintenance Charges will be fixed from time to time by
the Company/Maintenance Agency depending upon the maintenance costs. The
decision of the Company or the Maintenance Agency in this respect and on the
costs of maintenance will be final and binding on the allottee. Initially these
charges will be fixed by the Company prior to delivery of possession of the
said apartment in terms of this agreement. These charges shall be paid at
intervals as decided the Company.
Provided further that if the allottee fails and/or neglects to pay his share of
the maintenance and replacement charges for such common facilities and common
services as provided in these presents, the allottee or anyone else lawfully
claiming through or under the allottee shall not be entitled to make use of
such common facilities and services for the simple reason that regular payment
of such maintenance and replacement charges is a condition precedent for making
use of such common facilities and services. Similarly if the allottee commits
breach of any of the covenants herein, the allottee shall have no right for use
of common facilities and services until and unless such breach was rectified
and the Company or any other body or association looking aft. the maintenance
of common services and facilities are assured by the allottee that the breach
of covenants would not be repeated by the allottee or by any other persons
lawfully claiming or under the allottee.
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You can apply anytime aft. you have decided to acquire or construct a property,
even if the property has not been selected or the construction has not
commenced. Besides, you can avail of the loan facility even if you want to
renovate or extend your home.
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You need to approach a Housing Finance Company with the latest salary slips and
TDS Form 16 of the last two financial years of yourself and your co-applicant,
if any. The loan officer aft. going through the details of the documents will
tell you the loan amount you are eligible for and the terms of the same. You
need to submit the application form along with the necessary documents. On
receipt of the application form, along with necessary documentation the HFC may
approve the loan. You are advised to visit more than one financial institution
for better terms/larger loan amount if you shop for the best deal.
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It may take about fift.n days for processing of one's application if the
documents are in order. It may take another week for the banking
company/financial institution to check out the property papers and make the
disbursement, under normal circumstances.
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Home loans are generally provided for in the range of approximately 90% of the
asset value. The amount of loan varies from institution to institution and it
may vary from Rs.1 lakh to Rs.1 crore.
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The primary concern of the HFC in determining the loan eligibility is your
repayment capacity. Your repayment capacity is determined by taking into
consideration factors such as income, age, qualifications, number of
dependants, spouse's income, assets, liabilities, stability and continuity of
occupation and savings history.
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Repayment period options range generally from 5 to 15 years .A few HFCs also
offer a 20-year repayment period.
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HFCs usually take some additional securities, which are called collateral
securities. These may be in the form of guarantee from one or two persons,
assignment of life insurance policies, deposit of shares, units or other
securities. These additional securities are taken for the purpose that if a
loan is not paid back recourse may be taken to such securities instead of
depending upon the mortgage of the property, which is the last resort.
Guarantors, when alerted, become very effective persons in prevailing upon the
borrowers to fulfill their obligations.
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Most HFCs follow the yearly reducing-balance method, which accounts for your
principal repayments only at the need of their financial year. Thus, you pay
interest on the principal that you have already returned to the HFC. Banks and
some HFCs, in contrast, follow the daily or monthly reducing balance method,
which results in a lower interest burden.
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The interest on home loans in India is usually calculated either on monthly
reducing or yearly balance.
Monthly Reducing: In this system the principal on which you pay
interest reduces every month as you pay your EMI.
Annual Reducing: In this system the principal is reduced at the
need of the year, thus you continue to pay interest on a certain portion of the
principal the monthly you have actually paid back to the lender. Which means
the EMI for the monthly reducing system is effectively lesser than the second
system of calculating interest.
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Some HFCs have a fixed rate of interest, which means that the interest rates
remain unchanged for the entire duration the loan. This basically means that
you do not benefit, even if the rates of interest drop in the market.
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This is the rate of interest that fluctuates according to the market-lending
rate.
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Home loans are usually accompanied by the following extra costs:
a. Interest Tax: It is the tax payable on the interest paid on a home loan and
not the principal. This tax is some times included in the interest paid on a
home loan and loan, or may be charged separately as interest tax.
b. Processing Charge: It's a fee payable to the lender on applying for a loan
.It is either a fixed amount not linked to the loan or may be a percentage of
loan amount.
c. Prepayment Penalties: When a loan is paid back before the agreed of the
agreed duration a penalty is charged by some banks/companies, which is usually
between 1% to 2% of the amount being prepaid.
d. Commitment Fees: Some institutions levy a commitment fee in case the loan is
not availed of within a stipulated period of time aft. it is processed and
sanctioned.
e. Miscellaneous costs: It is quite possible that some lenders may levy
documentation or consultant charges.
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Security for the loan is a first mortgage of the property to r financed,
normally by way of deposit of title deeds. The title should be clear and
marketable. Some HFCs may also require collateral security like the assignment
of life insurance policies, pledge of shares, NSCs, units of mutual funds,
banks deposits or other investments.
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The common documents that the financiers require at the pre-approval stage are:
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Proof of age
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Copy of Bank A/c statements for the last 6 months
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Copy of latest credit card statement.
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Passport size photograph
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Signature verification from your banker
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Income tax returns for last two years
If you are salaried, you need to produce:
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Salary and TDS certificate
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Latest pay slip
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Letter from employer
If you are self-employed you require:
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Your business track record
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Copy of audited financial statements for the last 2 years
At the disbursal stage (for property already located), you need to submit:
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Allotment letters
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Photocopies of title deeds
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Agreement to sell
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Non-Encumbrance certificat
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Tax benefits available are:
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Rebate under Sec 88 of IT Act for repayment of principal up to specified amount
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Deduction under Sec 24 of IT Act for interest payment on housing loans subject
to an upper limit as may be decided by the government from time to time.
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EMI or Equated Monthly Instalments, refer to the fixed sum of money that you
will be paying to the housing Finance Company every month. The EMI comprises
both interest and principal repayment. The size of the EMI depends on the
quantum of loan, interest rate applicable and the term of the loan.
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Yes, you can pay your loan ahead of schedule. However, it must be noted that
housing finance companies charge a fee for early redemption of loan.
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Under Foreign Exchange Management Act, 1999,a Non Resident Indian is:
An Indian citizen who stays in India less than 182 days during the preceding
financial year OR
An Indian Citizen who goes out of India or who stays abroad for employment or
carrying on business or on vocation or for any other purposes, in circumstances
indicating an uncertain period of stay abroad, OR
Government servants deputed abroad on assignment with foreign government
regional/international Agencies like the UNO, WHO, IMF, World Bank, etc.
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As per FEM (Acquisition & Transfer of Immovable Property in India)
Regulations, 2000 a Person of Indian Origin means a Citizen of any country
(other than Pakistan or Bangladesh, Sri Lanka or Afghanistan or China or Iran
or Nepal or Bhutan), if
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He at any time held an Indian passport ;or
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He or either s of his parents or any of his grand-parents was a citizen of
India by virtue of Constitution of India or Citizenship Act,1955 ;
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A. NON -RESIDENT (ORDINARY)ACCOUNT
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An existing bank account of an Indian national going abroad and becoming a
Non-Resident Indian is automatically designated as Non -Resident (Ordinary)
account (NRO). An NRI can also open such ordinary accounts even by making
remittances from abroad or by transfer from an existing Non-Resident account in
India in his own name. Such accounts can also be opened by Overseas Corporate
Bodies (OCBs). NRO account can be opened, while a NRI is on a visit to India or
simply by making remittances from abroad. NRO accounts can be in the sole name
of an NROI or in joint names of more than one NRI or in joint names with any of
the close relatives in India. In other types of joint accounts, prior
permission of Reserve Bank of India (RBI) is required.
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NRO account can be in the categories of current, saving, and term deposit
accounts
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All types of transactions of deposit and withdrawals to and from NRO account
are normally permitted. However, the RBI has prescribed certain transactions
required to be reported to RBI in prescribed forms.
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Repatriation is subject to RBI approvals. However, the funds
can be freely withdrawn for the local disbursements without RBI approval.
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The interest of deposits in NRO accounts and balances standing
to the credit of such accounts are not exempted from income tax.
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| B. NON -RESIDENT (EXTERNAL) ACCOUNT (NRE) |
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NRI as well as OCBs are permitted to open NRE account. NRE
accounts can be opened by depositing foreign currency along with the account
application form i.e. account opening form may be signed by NRI abroad and the
signature of NRI may be verified by a Bank abroad or by Indian embassy or by
notary public officials. NRE account can be opened during the visit to India by
tendering foreign currency travellers cheques or foreign currency notes.
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All types of account, that is, current, saving and term deposit
can be opened under NRE accounts scheme. NRE accounts can be opened in single
or joint name. However, in case or account opened in joint name, all the joint
holders should be resident of external group countries.
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The entire credit balance can be repatriated outside India at any time without
any reference to RBI. At the time of repatriation, the amount to be repatriated
is converted into the designated foreign currency at the prevailing market rate
of exchange. NRE Account offers all the facilities of the NRO account plus
complete repatriation without informing the Reserve Bank.
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| C. FOREIGN CURRENCY NON-RESIDENT ACCOUNT (BANK)(FCNR (B) |
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Both Non-Resident Indians, and OCBs are eligible to open FCNR
(B) accounts .NRI and OCBs resident in bilateral group of countries cannot open
FCNR accounts without RBI approval. FCNR (B) accounts are permitted in the
following currencies.
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Pound Sterling (GBP)
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Deutsche Mark (DM)
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Japanese Yen (JPY)
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US Dollar (USD)
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Euro or other currencies as per RBI guidelines
The rates of interest on the above vary for each type of designated currency
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FCNR (B) account is permitted in the form of fixed deposits for a maximum period
of three years. Current and saving accounts are not available under this
scheme.
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NRI are permitted to acquire any immovable in India other than
agricultural/plantation property or farmhouses.
PIO resident outside India ,are permitted:
To acquire any immovable property other than agricultural land/farm
house/plantation property in India by purchase ,from out of
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funds received in India by way of inward remittance from abroad, or
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funds held in any non-resident account of the investor ,or
To acquire any immovable property in India other than agricultural
land/farmhouse/plantation property by way of gift.rom a resident person or NRI
or PIO; or
To acquire any immovable property in India by way of inheritance from a resident
person or a non-resident who had acquired such property in accordance with the
law of foreign exchange in force at the time of acquisition.
Any non-resident person, who has established in India a branch, office or other
place of business (excluding a liaison office) for carrying on in India any
activity, in accordance with FEM (Establishment in India of Branch or office or
other Place of Business) Regulations, 2000, may acquire any immovable property
shall furnish a declaration in Form IPI to the Reserve Bank of India within 90
days from the date of acquisition.
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Non-resident Indians are permitted to transfer any immovable property in India
to a resident person, and any immovable property other than agricultural or
plantation property or farmhouse, to a non-resident Indian or person of Indian
origin.
Persons of Indian origin are permitted to transfer any immovable property in
India other than agricultural land/farmhouse/plantation property, by way of
sale to a resident; any agricultural land/farmhouse/plantation property in
India, by way of gift.r sale to a resident person who is a citizen of India;
and any residential or commercial property in India; by way of gift.o a
resident person or NRI/PIO.
Any non-resident person who has acquired any immovable property in India, for
establishing or for the purpose of a branch, office or other place of business
(excluding a liaison office), is permitted to transfer such property by way of
mortgage to an authorized dealer as a security for any borrowing.
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The sale proceeds of an immovable property in India can be repatriated if
following conditions are fulfillled:
The immovable property was acquired by the seller in accordance with the law of
foreign exchange in force at the time of acquisition;
The amount to repatriated does not exceed the amount paid for acquisition of the
immovable property in foreign exchange received through normal banking channels
or out of funds held in FCNR A/c, or the foreign exchange equivalent on the day
of payment, where the amount paid of out of NRE a/c.
In case of non-resident person acquired an immovable property in India when he
was resident or inherited it from a resident person, repatriation of sale
proceeds of such property shall be allowed only with permission of Reserve
Bank. Similar restriction shall apply in case of successor of the aforesaid
persons.
In case of residential property, the repatriation of sale proceeds restricted to
note more than two such properties.
No permission is required for renting/transfer or gift.f property so long as
there is no repatriation of proceeds.
(The conditions for non-repatriation of sale proceeds for a period of three
years has now been deleted by RBI circular dated 01/11/2002.)
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Yes, Authorized dealers and housing financial institutions in India approved by
the National housing banks may grant housing loans NRIs/PIOs for acquisition of
immovable property in India subject to the following conditions:
The quantum of loan, margin money and the repayment period will be at par with
those applicable to housing loans granted to residents.
The loans shall be fully secured by creating equitable mortgage of the property
proposed to be acquired, and if necessary, be lien on borrower's other assets
in India.
The loan amount shall not be credited to NRE/FCNR/NRNR account of the
non-resident borrower.
Repayment of loan may be made by the borrower in instalments comprising
principal, interest and other charges by remittances from abroad through normal
banking channels or out of funds held in his NRE/FCNR/NRO/NRNR/NRSR accounts in
India.
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Typically the security for the loan is first mortgage of the property to be
financed, normally by way of deposit of title deeds and /or such other
collateral security as may be necessary.
In additional interim security may be required, if the property is under
construction. Collateral or interim security could be in the form of assignment
of life insurance policies, surrender value of which is at least equal to the
loan amount, pledge of shares and other investments.
Can NRI's give a Power of Attorney in favour of a person of his choice in India
to complete loan formalities on my behalf?
Yes, Normally it is desirable to appoint a Power of Attorney in India to
represent you in dealings in India to represent you in dealings in India. The
power of Attorney should be executed as per draft.provided by the housing
finance company. The Power of Attorney can be given to any person of your
choice in India.
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The RBI has granted general permission to NRI's and foreign citizens of Indian
origin, to let out their residential properties. However, there are
restrictions on the repatriation of the rental income earned from such letting
out the property. The rental income is on a non-repatriation basis. Thus funds
(rental income) can be credited to the NRO Account/ Residential Account in
India.
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If the building or part thereof is used by the owner himself for the purpose of
his own business then there will be no income from house property in respect of
such building, the profits of which are chargeable to income tax separately.
While the owner of the property is liable to pay tax. Whenever a person who
owns a house property in one city is transferred to another city, it has been
specially provided that the annual value of such property would be taken to nil
subject to the following conditions:
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That the assessee must be the owner of only one house property
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That the house property cannot be occupied by him because of his employment,
business, etc. away from the place
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The property must not have been actually let or any benefit derived there from
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No other deduction will be available to the assessee.
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Summary of Investment in Immovable
Property by Various Class of Individuals
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Immovable Property in India: The provisions of FEMA, 1999 governs the matters
relating to immovable properties and the work relating to permissions for
purchase etc. of immovable properties is centralized in the Foreign Investment
division at Central Office of Reserve Bank of India at Mumbai.
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* Group Countries vis. Afghanistan, China, Nepal, Bhutan, Pakistan, Bangladesh,
Iran or Sri Lanka
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