Top 10 FAQs on Exit Route for Foreign Investors for their Struck Investments in India’s Real Estates & Properties: Best Legal Advice for Foreign Investors in India
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1. What are the common exit routes available to foreign investors in struck real estate investments in India?
Answer: Common exit routes include selling the property on the open market, entering into joint ventures with local developers, seeking buyback options from the developer, or exploring options for listing the property on the stock exchange.
2. Can foreign investors opt for arbitration to resolve disputes related to their struck real estate investments in India?
Answer: Yes, foreign investors can choose arbitration as a means to resolve disputes related to their struck real estate investments. They can include arbitration clauses in their investment agreements or rely on international arbitration mechanisms.
3. What legal protections are available for foreign investors in case of non-compliance by Indian developers or real estate companies?
Answer: Foreign investors can seek legal remedies in Indian courts, such as filing lawsuits for breach of contract or fraud. They can also approach regulatory authorities like the Real Estate Regulatory Authority (RERA) to address non-compliance issues.
4. Can foreign investors consider divesting their struck real estate investments through property auctions?
Answer: Yes, property auctions provide an alternative exit route for foreign investors. They can participate in public or private property auctions to sell their investments and realize returns.
5. Are there any restrictions on foreign investors selling their struck real estate investments in India?
Answer: Foreign investors need to comply with applicable regulations, including those related to foreign direct investment (FDI) and repatriation of funds. It is advisable to consult legal and financial experts to ensure compliance with the relevant rules.
6. Can foreign investors explore options for refinancing or restructuring their struck real estate investments?
Answer: Yes, foreign investors can consider refinancing or restructuring options to address financial challenges in their struck real estate investments. This may involve negotiating with lenders or seeking assistance from restructuring professionals.
7. Are there any tax implications for foreign investors exiting their struck real estate investments in India?
Answer: Foreign investors should consider tax implications such as capital gains tax, withholding tax, and any applicable double taxation treaties. Seeking advice from tax experts can help navigate the tax landscape.
8. Can foreign investors consider transferring their struck real estate investments to other eligible buyers?
Answer: Yes, foreign investors can transfer their struck real estate investments to other eligible buyers. However, they need to ensure compliance with applicable regulations and obtain necessary approvals, such as those related to foreign ownership restrictions.
9. Is it advisable for foreign investors to engage local legal counsel to facilitate their exit from struck real estate investments in India?
Answer: Yes, engaging local legal counsel with expertise in real estate laws is highly recommended. They can provide guidance on compliance, transactional matters, and legal remedies available to foreign investors.
10. How long does it typically take for foreign investors to complete the exit process for their struck real estate investments in India?
Answer: The timeline for completing the exit process can vary based on various factors, including market conditions, regulatory approvals, and the complexity of the transaction. It is important to plan ahead and consider potential delays in the exit process.
Authored By: Adv, Anant Sharma
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