Overview

Indian real estate is a popular investment for Non-Resident Indians (NRIs) and Persons of Indian Origin (PIOs), offering both financial growth and a connection to home. Regulations for NRI property purchases are fairly straightforward and do not require prior approval from the Reserve Bank of India (RBI) for most property types. The transaction process falls under the Foreign Exchange Management Act (FEMA).

Who Can Buy and What?

NRIs and PIOs can purchase residential and commercial property in India without restriction on the number of units, as long as transactions are in Indian rupees and routed through normal banking channels (NRE/NRO/FCNR accounts).​

Agricultural land, farmhouses, or plantation properties cannot be purchased directly, but can be acquired through inheritance or gifts.

Regulations and Documentation

Most purchases do not require RBI approval, but cash transactions are not allowed, payments must occur through Indian banking channels.

Title and legal due diligence are crucial. It’s advisable to have property papers and builder credentials reviewed by a professional.

Documentation required generally includes passport, visa/PIO/OCI card, PAN card, address proof, income proof, and relevant bank account statements. A Power of Attorney (POA) may be recommended for timely processing if the NRI is not present in India.​

Home Loans and Financing

Many Indian banks offer home loans to eligible NRIs, typically funding up to 80% of the property’s value. The remainder comes from personal NRI resources and all repayments must be made in rupees.

Loan qualification will depend on income, employment and sometimes educational background.​

Taxation and Compliance

Rental income and capital gains from property sales in India are taxable under Indian law. If an NRI’s total income exceeds regulatory thresholds, filing a tax return in India is mandatory.​

Double Tax Avoidance Agreements (DTAA) between India and other countries may provide relief from being taxed twice on the same income.

Ownership and Repatriation

There is no cap on the number of properties an NRI can buy, but sale proceeds for up to two residential properties may be repatriated, subject to RBI guidelines and proof of original foreign investment.​

The sale of inherited agricultural land, farmhouses or plantations can only be made to a resident Indian.

Power of Attorney (POA)

Granting a trusted resident in India a POA can help timely manage paperwork, payment, registration, possession, and even sale or leasing activity.

Key Points to Remember

Only use regulated banking channels for all transactions.

Get property title, clearances, and builder approvals professionally checked.

Keep up with Indian tax laws, RERA registration (for new properties) and required documentation.

Consult qualified real estate and legal advisors for current rules and best practices.