Mohidin Properties & Holdings

How Can a Foreigner buy a land in India

Buying property in India can be a complex process, especially for non-resident Indians (NRIs). Fortunately, there are some steps you can take to make the process simpler and ensure that your real estate transaction is a success. In this blog post, we’ll discuss everything you need to know about buying property in India as an NRI. 

Documents Needed to Buy Property in India as an NRI

The first step in the process of buying property in India as an NRI is to provide the necessary documents. These include proof of identity (such as a passport and/or birth certificate), residence proof (such as a driver’s license or electricity bill), and bank statements. You will also need to provide evidence of your source of funds, such as bank statements or income tax returns. Additionally, you may need to provide other documents depending on the type of property you are purchasing. 

Legal Requirements

The first step is understanding the legal requirements for purchasing property in India as an NRI. NRIs can purchase both residential and commercial properties in most parts of India, but there are some restrictions on agricultural land and plantations. You will need to have a valid Indian passport, visa or Overseas Citizen of India card before you can purchase property in India. Additionally, your funds must be transferred from a non-resident external (NRE) or non-resident ordinary (NRO) bank account. 

Buying Property with Foreign Exchange

If you are an NRI looking to buy property in India with foreign exchange, you will need to obtain permission from the Reserve Bank of India (RBI). To do this, you must submit an application along with all necessary documents and supporting materials. Once your application has been approved by the RBI, you will be allowed to purchase property using foreign exchange. 



Income from rental properties is subject to tax in India, so it’s important to be aware of any taxes that might apply before making a purchase. For example, if you are renting out residential property, you will need to pay income tax at 30%. Additionally, stamp duty and registration fees may also apply depending on the state where the property is located. It’s important to do your research ahead of time so that you can factor these costs into your budget when considering whether or not to invest in a particular property. 

Location Matters

Before investing in real estate, it’s important to consider the location carefully since this will have a significant impact on your return on investment (ROI). Investing near rapidly growing cities or areas with high demand for housing are generally good choices since they tend to appreciate faster than other locations. Generally speaking, investing close to bustling business districts or near transportation hubs is likely to yield higher returns over time due to increasing demand and appreciation of value.  


Tax Implications for NRIs Purchasing Property

There are certain tax implications that NRIs need to be aware of when purchasing property in India. The income generated from renting out a property is taxable at normal Indian rates for both resident Indians and NRIs alike. However, capital gains taxes may differ based on whether the seller is classified as a long-term or short-term investor. Additionally, any repatriation of profits or capital gains made by NRIs is subject to taxes under Indian law. Buyers need to remain aware of these implications before making any decisions regarding their purchase.

India is a popular destination for Non-Resident Indians (NRIs) to invest in property. However, the process of buying property in India can be challenging and daunting for NRIs. The laws and regulations surrounding property ownership in India are complex and can vary depending on the state in which the property is located. In this blog post, we will guide you through buying property in India as an NRI.

1. Know the laws and regulations

As an NRI, it is essential to understand the laws and regulations regarding property ownership in India. The Foreign Exchange Management Act (FEMA) and the Reserve Bank of India (RBI) regulate the purchase of property by NRIs in India. According to FEMA, NRIs are allowed to purchase residential and commercial properties in India, except for agricultural land, plantation property, and farmhouses. NRIs are also not permitted to acquire any property through gift or inheritance from a resident Indian.

2. Choose a reliable agent

It is crucial to choose a reliable agent to help you navigate the process of buying property in India. Look for an agent who has a good reputation and is knowledgeable about the laws and regulations related to NRI property ownership. A good agent will help you find the right property, negotiate the price, and ensure that the paperwork is in order.

Determine your budget

Before you start looking for a property, determine your budget. Decide how much you are willing to spend on the property and factor in other expenses such as registration fees, stamp duty, and legal fees. Also, consider the cost of maintenance and repairs, as well as property taxes.

3. Obtain a PAN card and a bank account

To purchase property in India, NRIs must have a PAN card and an Indian bank account. You can apply for a PAN card online, and once you have it, you can open an NRI bank account with any Indian bank. Having a bank account in India will make it easier for you to transfer funds for the purchase of the property.

4. Verify the property documents

Before you make an offer on a property, it is essential to verify the property documents. You need to check the title deed, land registration, and building approvals. You can hire a lawyer to verify the documents on your behalf.

5. Make an offer and negotiate the price

Once you have found the right property, make an offer, and negotiate the price. Your agent can help you with this process. Be prepared to negotiate, but remember that the price should be reasonable and within your budget.

6. Complete the paperwork

Once you have agreed on the price, it is time to complete the paperwork. This includes preparing a sale agreement and paying the registration fees and stamp duty. Your agent or lawyer can help you with this process.

7. Get the property registered

After completing the paperwork, you need to get the property registered in your name. The registration process involves paying a registration fee, getting the property assessed for stamp duty, and getting the sale deed registered with the sub-registrar.

In conclusion, buying property in India as an NRI can be challenging, but with the right knowledge and support, it can be a smooth process. Remember to follow the laws and regulations, choose a reliable agent, determine your budget, verify the property documents, negotiate the price, complete the paperwork, and get the property registered in your name. With these steps, you can make a sound investment in Indian real estate.