It is every NRI (Non Resident Indian) citizens dream to have a home in India. Our judiciary has put forward laws to forge an easy system for making this process much easier too. In what can be expected to boost the NRI confidence in pursuing a dream home purchase, the apex consumer court lately came out with an affirmative revelation that NRI’s can purchase a home in India.
The statement from the apex consumer court, National Consumer Disputes Redressal Commission (NCDRC) came when it directed a renowned builder of Delhi-NCR to pay nearly Rs 64 Lakh to a South Delhi resident who had booked a flat in the builder’s project in Greater Noida, 8 years back.
While booking their dream flat at that time, Reshma Bhagat and her son Tarun Bhagat were promised to offer possession in 2009. When the builder failed to deliver the project as scheduled, the Bhagats were forced to approach the court. But the builder opposed the complaint filed by Bhagats, claiming that the property was booked under Tarun, an NRI, and his intention was not to reside, but was to earn profit, thereby also quoting that he cannot be treated as a ‘consumer’ himself.
The affirmative statement then came from the apex court that, it cannot be made a ‘rule of thumb’ that every NRI’s cannot own a property in India. NRI’s do come to India, every now and then. At the end, most of the NRI’s want to return to their native land and so they want a home in India. The apex court affirmed that Tarun Bhagat as an independent person can purchase a home in India.
The court also rejected the builders claim that they offered an alternative property and since the Bhagats rejected the proposal, the complaint filed should be dismissed. Commenting on the ruling out of the claim, NCDRC said that nobody can force anybody in accepting a flat of opposite firm’s choice.
The law is that an NRI resident can undoubtedly buy a residential and commercial property in India and there is no limit in engaging so. Though, exception is that agricultural land, plantation land and farm houses cannot be purchased by an NRI, in fact he/she cannot even accrue it as a gift. They can only inherit one.