Can Malaysian citizen sell their ancestral property

717 votes

Transfer of immovable property in India by a person resident outside India by way of
i) sale
ii) gift
iii) mortgage
NRI can sell property in India to
i) a person resident in India; or
ii) an NRI; or
iii) a PIO.
(b) PIO can sell property in India to
i) a person resident in India; or
ii) an NRI; or
iii) a PIO – with the prior approval of the Reserve Bank
(c) Foreign national of non-Indian origin including a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan can sell property in India with prior approval of the Reserve Bank to
i) a person resident in India
ii) an NRI
iii) a PIO

NRI / PIO may sell agricultural land /plantation property/farm house to a person resident in India who is a citizen of India. Foreign national of non-Indian origin resident outside India would need prior approval of the Reserve Bank to sell agricultural land/plantation property/ farm house in India.

NRI / PIO may gift residential / commercial property to –
(i) person resident in India or
(ii) an NRI or
(iii) PIO.
A foreign national of non-Indian origin requires the prior approval of the Reserve Bank for gifting the residential / commercial property

Advocate Ajay NS LawRato

918 votes

It is believed that the property is in India. The property could be disposed of in the normal process. However, the handling of the transaction amount and its due transmission outside the country could be subject to the due permission from the Reserve Bank of India and the rules/procedures duly notified by Government of India. Equally, it may be relevant to take into consideration the rules/procedures in the country of your residence.

Advocate P Venu LawRato