Foreign Nationals Becoming Indian Residents Under FEMA Can Acquire Property

Union of India Vs Robert Lawrence (Appellate Tribunal Under Safema At New Delhi) Introduction: In a significant decision clarifying the residency criteria under the Foreign Exchange Management Act (FEMA), 1999, the Appellate Tribunal under SAFEMA, New Delhi, in the order dated 20.03.2025. has ruled that a foreign national who becomes a “person resident in India” under FEMA can legally acquire immovable property in India without prior approval from the Reserve Bank of India (RBI). The case pertained to Mr. Robert Lawrence Robertson, a British citizen, against whom the Enforcement Directorat...