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OCI card holders

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OCI card holders

OCI selling property in India
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Overseas Citizens of India (OCI) card holders may sell Indian property, but this is subject to regulation under the Foreign Exchange Management Act (FEMA). OCI holders are free to sell commercial and residential property, but sales of agricultural land, plantation property, and farmhouses are restricted and may only be sold to Indian citizens. Tax payments and repatriation regulations need to be adhered to in foreign remittance.

Important Rules for Property Sale in India:

1. FEMA Rules

  • Every sale of property by an OCI cardholder in India is governed by the Foreign Exchange Management Act (FEMA).
  • FEMA regulates how the sale proceeds may be used and repatriated to a foreign bank account.

2. Eligible Buyers

  • OCI cardholders are eligible to sell residential and commercial properties to:
  • Indian nationals
  • Other OCI cardholders
  • Non-Resident Indians (NRIs)

3. Restricted Sales of Property

  • Farmhouses, plantation properties, and agricultural land may not be sold to another OCI or NRI.
  • These properties could only be sold to Indian citizens according to Indian property regulations.

4. Capital Gains Tax Liability

  • OCI cardholders who are selling property in India have the liability to pay Capital Gains Tax based on how long they have held the property:
  • Short-Term Capital Gains (STCG): If they have held the property for less than 2 years, the gains are taxed at the individual's relevant income tax rate.
  • Long-Term Capital Gains (LTCG): If the holding period is above 2 years, the profits are taxed at 20% with indexation advantage.

5. Power of Attorney for Selling Property

  • OCI cardholders can either sell their property on their own or through Power of Attorney (PoA).
  • If the vendor is overseas, they can also appoint a person of trust in India to settle the sale.
  • Sale documents need to be signed, notarized, and mailed to India for processing.

6. Repatriation of Funds

  • The sale proceeds may be repatriated abroad by the OCI card holder subject to RBI guidelines.
  • As much as USD 1 million during one financial year may be repatriated properly documented.

7. Legal Documentation

  • Valid sale deed, property title, and tax clearance certificates should be in hand to effectuate the sale.
  • Advisory opinion of an attorney would keep one abidant by the Indian law relating to the properties.

OCI card holders

No surname on passport
27 Views

An incomplete surname on an Indian passport can cause major inconvenience to Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) in the matter of visa applications, immigration, banking, and official documents while abroad. Most Indians possess passports where only a first name is mentioned, and there is no surname. Though this is okay in India, most foreign nations need both a first name and surname for official documents.

How Do Foreign Authorities Treat a Missing Surname?

If there is no surname on an Indian passport, foreign authorities write the name in varying manners:

FNU (First Name Unknown) Format

  • Where the passport indicates only "Rajesh" as the full name, the authorities may enter it as:
  • First Name: FNU
  • Surname: Rajesh

LN (Last Name) as Given Name Format

  • A few countries move the given name to the surname field:
  • First Name: (Blank or "XXX")
  • Surname: Rajesh

These discrepancies can create problems in official documents, and therefore it is important to rectify the passport prior to encountering problems overseas.

OCI card holders

Renewal of Kids OCI Card
4 Views

Detailed information about Renewal of Kids OCI Card will be available soon.

To renew an Overseas Citizenship of India (OCI) card for a minor, you can apply online at ociservices.gov.in. You'll need to: 

  • Complete and print the online application forms, Part A and Part B
  • Have both parents sign Part B of the application
  • Provide copies of:
    • The applicant's birth certificate
    • The applicant's passport
    • The applicant's foreign citizenship certificate
    • The applicant's canceled Indian passport
    • The applicant's parents' marriage certificate
  • Provide a recent passport-style photograph
  • Pay the fee
  • Provide a self-addressed envelope with tracking if you want the card by mail

If the applicant has a single parent, you'll need to provide an affidavit attested by a Justice of the Peace. 

You can also update your OCI card online if you get a new foreign passport. You won't receive a new OCI card. 

OCI card holders

OCI voter ID
13 Views

OCI card holders cannot vote in Indian elections or seek a Voter ID, since they are not Indians. OCI (Overseas Citizenship of India) is a long-term residence permit given to foreign nationals of Indian origin so that they can reside and work in India permanently, but it does not give them the same privileges as an Indian citizen. According to the Representation of the People Act, 1950, voting is a right extended to Indian citizens alone, so the OCIs have no right to vote in any level of election, whether Lok Sabha, Rajya Sabha, State Assemblies, or local municipal bodies.

Why OCIs Cannot Vote?

  • OCI is not the status of Indian citizenship.
  • Indian law doesn't entitle OCIs the right to vote, run elections, or enter politics.
  • Only people holding an Indian passport are eligible to enroll as voters.

OCI card holders

Special Permission for OCI Cardholders
5 Views

OCI cardholders are entitled to many privileges, including the right to reside, work, and study in India on a permanent basis. There are some activities that require special permission from the government of India. OCI status is not a ticket to unrestricted employment in any occupation, area, or legal privilege in India.

When Do OCI Cardholders Need Special Permission?

OCI cardholders are required to seek advance permission from the concerned authority for the following activities:

Research Work in India

  • Any OCI desirous of undertaking research work in India is required to seek the permission of the Ministry of Home Affairs (MHA).
  • Scientific, academic, and professional research come under this category.

Missionary or Tabligh Work

  • Religious work, missionary work, or Tabligh (Islamic preaching) requires special permission.
  • Application has to be made through the Foreigners Division of MHA.

Mountaineering, Journalism, or Filmmaking

  • OCIs must have permission from the Indian Mountaineering Foundation for mountaineering expeditions.
  • Accreditation and a special visa are needed by foreign journalists (including OCIs).
  • Clearance is also needed for documentary or feature film productions in India.

Working in Restricted Sectors

  • OCIs are not allowed to work in government services or defense sectors on their own without special permission.
  • Intelligence agencies, nuclear energy, or research institutions may have job restrictions.

Travel to Protected or Restricted Areas

  • Somehow, some areas of India like parts of Arunachal Pradesh, Ladakh, Himachal Pradesh, Sikkim, and Andaman & Nicobar Islands need Protected Area Permit (PAP) or Restricted Area Permit (RAP).
  • OCIs have to apply to the Ministry of Home Affairs or concerned state government.

How to Apply for Special Permission?

OCI card holders can seek special permission by:

  • Making an online application on the Ministry of Home Affairs website.
  • Meeting the nearest Indian Embassy or FRRO office to seek advice.
  • Presenting supportive documents such as copies of passports, OCI card, and the details of the proposed activity.

OCI card holders

Can OCI Cardholders Start a Business in India?
4 Views

Yes, OCI (Overseas Citizen of India) cardholders are eligible to open and run a business in India. They enjoy the same rights as Non-Resident Indians (NRIs) in terms of investing, forming companies, and conducting businesses. Still, there are some limitations and reporting requirements they need to adhere to.

Business Options for OCI Cardholders

OCI cardholders are eligible to:

  • Start a Private Limited Company, LLP, or Sole Proprietorship in India.
  • Invest in Indian companies, startups, or securities markets under the Foreign Exchange Management Act (FEMA).
  • Purchase commercial property for business use (excluding agricultural land).
  • Work in or run a business in India without requiring an additional visa.

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