Legal Guide

NRI Property Buying in India — Rules, Taxes & FEMA Guide

PropyMart · 2026

Can NRIs Buy Property in India?

Yes. NRIs and OCIs can freely buy residential or commercial property in India. Agricultural land, farmhouses, and plantation properties require Reserve Bank of India (RBI) special permission.

FEMA Compliance

Under FEMA 1999, NRIs must route all property purchases through NRE, NRO, or FCNR accounts in Indian banks. Personal cheques from overseas accounts are not permitted for property transactions.

Home Loan for NRIs

Same rates as residents

Most Indian banks offer NRI home loans at the same rates as residents. You need: valid passport, visa, employment contract abroad, and 6-month overseas bank statements. Loan can be repaid via NRE/NRO accounts.

TDS on Property Purchased from Resident

NRI buyers must deduct 1% TDS from sale consideration if property value exceeds ₹50 L and the seller is a resident Indian. Deposit via Form 26QB within 30 days of payment.

Capital Gains on Sale by NRI

NRIs selling Indian property are subject to 20% LTCG (>2 years) or 30% STCG (<2 years) tax in India. DTAA treaties with 90+ countries may reduce your effective rate — consult a CA before selling.

PropyMart NRI Help Desk

PropyMart's NRI desk connects you with verified agents, legal advisors, and CA partners for seamless property transactions from Dubai, USA, UK, Canada, Singapore, and Australia.

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