271. Indian citizen residing in

Australia - Buy Land in Ludhiana,

Punjab

Q. Dear Sir, First of all I would like to say thank you for having such an informative website for Non Resident Indians like myself. It gives so much knowledge and insight into everything. We really appreciate it. Sir,I am a citizen of India residing in Australia. I am visiting my parents in August this year and at the same time I/ We( me and my husband) are planning to buy a residential land in Ludhiana, Punjab. Before we go ahead and buy this property I would like to find out a few things from you so that we do not make any error in purchasing this land. 1. I am a citizen but my husband is an Australian citizen but of Indian descent( His fore fathers were in India but he was born in Fiji Islands). He holds an Australian passport. He has never applied for PIO. My first question is : Can we buy a property/land together on joint deed in India or does he need PIO approval before he can buy anything in India? 2. Also, I would like to know what all documents and identifications are needed by seller and Indian gov/ sub registrar's from us? Do I need a PAN card? Does my husband need a PAN card? ( and is he eligible for a PAN card being an Aus passport holder?) 3. I have never changed my maiden name on my Indian Passport so I will be buying land on my maiden name and my husbands last name would be different to what my last name would be on passport( we do have a marriage certificate showing name change). So will there be an issue due to this? 4. If we can go ahead buying this land : How do I change my name on Property deed if I ever decide to get a passport and other ID'S on my married name? Is there a big problem to change name on property deeds legally?? Please inform us about the same sir. We are currently confused about all these things and things will only make sense once you give us your expert advise on these queries. We will be highly obliged. Sincerely, Naseeb Ahluwalia. A. I am glad you find the website informative, I just want to clarify that to get expert advice on any matter you need to go to a professional, in your case it would be a lawyer who understands land registration in India. This website was started as a hobby after my retirement and while I do offer an opinion or suggestion when answering questions here, it is not professional advice. Regards to your questions: 1. Persons of Indian decent who are foreign citizens can buy residential or commercial property in India without any restrictions. The only exception here is citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal or Bhutan are not allowed to buy properties under this provision. So even though your husband has never applied for PIO ( I assume you mean Person of Indian Origin Card) If his forefathers were Indian citizens and he can prove this, then he is considered to be a person of Indian origin. You should not have any issues buying property jointly. A person may not have a PIO card and still by virtue of his relationships be considered to be a Person of Indian Origin (PIO). 2. You being an Indian citizen and your husband a person of Indian origin you should not need any permission to purchase residential or commercial property in India.

Documents required when buying

property in India

When it comes to documentation, different states have different requirements. Here is a sample of some of the documentation that you may want to look at: 1. Copy of the sale deed through which the seller got his title to the property 2. Copies of all earlier sale deeds - to verify the chain of past owners of the property 3. Confirmation of all property taxes and utility bills having being paid - Check also to see who is shown as owner in billing invoices. 4. Registration details of the sale deed 5. Agreement to sell the property 6. Receipts of payments made by the purchaser to the seller 7. Copy of the sale deed for registration purpose In case you are buying a flat in a housing society in India, there is some additional documentation that should be checked, such as: • Title of builder - land purchase etc. - So as to confirm builder actually owns the land he has built on. • Approved building plan • Confirmation of society charges having been paid in full • Share certificate issued by the society • Lease deed, Registration details of the society • Bye-laws of the society • No objection certificate from the society You must get a lawyer to handle your purchase and check all documentation. However be alert, while lawyers abroad acting for a client normally have professional errors and omissions insurance that generally covers any mistake they may make, Indian real estate brokers and agents normally don't have such insurance. 3. You could buy the land and register under any name. 4. Changing names of records in India is no easy task. Sure it can be done but will probably involve time, money and quite often a lot of frustration that Nri's are not accustomed to. If you have the opportunity it might be a better option to do your name change and get a new passport before you register your property purchase in India. A pan card is not mandatory to purchase property for Nri's, however it is better to get one. Your husband and you should both get PAN cards.