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Foreign Direct Investment in Indian Real Estate

Foreign direct investment (FDI) regulations in Indian real estate were subject to periodic changes, and it’s advisable to check the latest updates for the most accurate information. As of then:

  1. FDI Policy: The Indian government has allowed FDI in the construction and real estate sector with certain conditions. These conditions relate to the minimum project size, minimum capitalization, and the lock-in period for investments.
  2. Minimum Project Size: The government has often set a minimum project size for FDI in real estate. For example, in the case of wholly-owned subsidiaries, there might be a requirement for a minimum of 10 hectares of land.
  3. Minimum Capitalization: There are minimum capitalization requirements that foreign investors need to meet. This is essentially the minimum amount of money that needs to be brought into the project.
  4. Lock-in Period: There might be a lock-in period during which the investor is not allowed to repatriate the capital. This is to ensure a stable investment environment and encourage long-term commitments.
  5. Permissible End-use: FDI in real estate is often subject to certain restrictions on the end-use of the funds. For example, there might be restrictions on the sale of undeveloped land.
  6. Automatic Route and Government Approval: Depending on the size and nature of the project, FDI might be allowed through the automatic route (no prior approval required) or might require government approval.
  7. REITs and InvITs: Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs) have been avenues through which foreign investors can participate in the Indian real estate market.

It’s important to note that these regulations can change, and new policies may have been introduced since my last update. Therefore, for the most current and detailed information on FDI in Indian real estate, you should refer to the official website of the Department for Promotion of Industry and Internal Trade (DPIIT) or consult legal and financial experts familiar with the latest regulations.

Please check with official sources or legal experts to get the most recent and accurate information regarding FDI in Indian real estate as of your current date in 2023.

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