Presented here, are some general rules and overview regarding purchase of property in India by an NRI. We strongly suggest that at the time of purchase, NRIs should get the correct prevalent rules from the right source.
NRIs can purchase several types of property in India, although certain types need special permission from RBI. It is imperative that NRIs who want to buy property in India, need to be aware of the provisions related to buying /ownership of immovable property, under the Foreign Exchange Management Act (FEMA). Persons of Indian Origin (PIOs) and NRIs are always treated on par with regard to investing in real estate. An NRI can buy residential or commercial properties in India as per the RBI’s general permission. In these cases, special permission or intimation is not required. There are also no restrictions in the number of properties an NRI can buy in India. The income tax laws also favour NRIs. When an NRI is unable to come to India, he/she can give a Power of Attorney to another person who can execute the deal on his/her behalf. However, purchase of agricultural land, plantation property and farmhouses in India by NRIs is not allowed by the RBI. But, for purchase of a farmhouse, special permission from RBI is required, and will be considered in a case-to-case basis. NRIs can also buy property jointly with another NRI. But, any person who is not authorised to invest in property in India, or a resident Indian, cannot become a joint holder, no matter what his/her contribution is in the purchase. If a person who already owns a property in India becomes an NRI, he can continue holding the property in his name in India. Also, if an NRI owned agricultural land, farmhouse, or plantation land before becoming an NRI, he can continue to hold such properties. He can also let out the property in India if he wished. He can remit the rent received from such properties after appropriate tax as per Indian tax laws have been paid on such rent. An immovable property in India can be gifted or sold by an NRI to a person residing in India. Gifting or transfer of any property to another NRI is also allowed, as long as it is not a farmhouse, plantation property or agricultural property.
Yes, NRIs can purchase residential and commercial properties freely, but they need special permission from RBI to buy agricultural land, plantation property, and farmhouses. It's important for NRIs to check the latest regulations before purchasing.
NRIs can own and rent out properties, and remit rental income after paying applicable Indian taxes. It's advisable to consult tax experts for detailed obligations and benefits. NRIs are treated similarly to PIOs regarding real estate investments.
NRIs can get home loans by meeting eligibility criteria such as a regular income and good credit history. Required documents include passport, visa, employment details, and bank statements. The loan process may involve extra scrutiny. Consulting with banks can provide specific details on the process.
Yes, NRIs can buy properties to rent out. They can remit rental income after paying taxes, and can use a Power of Attorney if they can't be present in India. This makes it a viable option for generating rental income.
Yes, NRIs can jointly purchase property with another NRI. However, non-NRIs or resident Indians cannot be joint holders. Joint ownership can be a strategic way for NRIs to invest together.S