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NRI Property Purchase

Buying Property in India as an NRI: Rules, Payment and TDS

Last updated: 2 October 2026

Buying a flat, house or office in India from abroad? The payment route, the TDS you deduct and the paperwork you keep decide how smoothly you can rent, sell or repatriate later. Our team plans the purchase with you and coordinates the paperwork end to end.

Overview

What NRIs need to know before buying property in India

NRIs and OCIs can buy residential and commercial property in India without RBI approval. They cannot buy agricultural land, plantations or farmhouses.

Payment must come through banking channels — an inward remittance from abroad, or your NRE, FCNR(B) or NRO account. Traveller’s cheques and foreign currency notes are not allowed. Paying from NRE, FCNR or an inward remittance matters later: sale proceeds of up to two residential properties bought in foreign exchange can be repatriated up to the amount paid.

TDS on the purchase is the buyer’s responsibility:

  • Buying from a resident seller: deduct 1% TDS where the price is ₹50 lakh or more, deposited with Form 141 (earlier Form 26QB).
  • Buying from an NRI seller: TDS applies on the full price at the capital gains rates for non-residents, unless the seller gives you a lower deduction certificate.

Stamp duty and registration charges are set by each state. If you cannot be present, registration can be done through a power of attorney executed abroad and attested or apostilled.

Based on RBI rules under FEMA and the Income-tax Act, 2025. Last updated: 27 September 2026.

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What This Service Covers

What our NRI property purchase service covers

1

Eligibility and payment route planning — NRE, FCNR(B), NRO or inward remittance

2

Title and legal due diligence, coordinated with an independent advocate

3

RERA registration and builder document checks for new projects

4

TDS deduction and deposit on your purchase, and the TDS certificate

5

Power of attorney, registration and mutation support

Key facts for NRI buyers

Allowed

Residential and commercial property; no RBI approval needed

Not allowed

Agricultural land, plantations and farmhouses

Banking channels

Payment by inward remittance or NRE / FCNR / NRO — no cash or foreign currency notes

1% TDS

When buying from a resident seller for ₹50 lakh or more

Full price

TDS base when buying from an NRI seller, unless a lower certificate is given

2 properties

Residential properties bought in foreign exchange whose sale proceeds can later be repatriated

Common Issues

Where NRI property purchases commonly go wrong

Problems usually show up years later — at resale or repatriation.

Wrong payment route

Paying from NRO when you will want to repatriate later, or without bank records of the payment.

TDS missed

A buyer who does not deduct or deposit TDS is liable for the tax, with interest and penalty.

Title checked too late

Encumbrances, missing approvals or unregistered agreements found after money is paid.

Related Services

Related NRI services

A purchase links to your future sale, your return and your investments.

NRI Property Sale

Selling later — TDS, capital gains and remittance.

Fund Repatriation

Moving money between India and abroad.

NRI Investment

Other investments for NRIs in India.

NRI ITR Filing

Report rent and gains each year.

Documents Required

Documents we need from you

Buyer Documents

Property Documents

Our Process

How we handle your purchase

1

Eligibility & route

We confirm what you can buy and plan the payment route.

2

Due diligence

Title and document checks through an independent advocate.

3

Payment plan

Payments scheduled from the right account, with bank records kept.

4

TDS

We work out, deduct and deposit the TDS on your behalf and issue the certificate.

5

Registration

Registration in person or through a power of attorney executed abroad.

6

Mutation & records

Mutation in municipal records and a purchase file kept for resale and repatriation.

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After Purchase

After you buy: tax, rent and resale

Keep the purchase file safe — it is what makes a later sale and repatriation straightforward.

Keep payment proofs

Bank records of foreign-exchange payments decide how much can be repatriated on sale.

Rental income

Rent is taxable in India; tenants must deduct TDS on rent paid to an NRI.

Property tax & mutation

Keep municipal records and property tax up to date in your name.

Selling later

TDS, capital gains and remittance rules apply — see our property sale service.

Get in Touch

Share your query and our team will reply during business hours.






    FAQs

    Frequently Asked Questions

    Can NRIs buy property in India?

    Yes. NRIs and OCIs can buy residential and commercial property in India without RBI approval, paying through banking channels.

    No. NRIs and OCIs cannot buy agricultural land, plantations or farmhouses, though they can inherit them.

    Yes. When buying from a resident seller for ₹50 lakh or more, deduct 1% TDS. When buying from an NRI seller, deduct TDS on the full price at the non-resident rates, unless the seller provides a lower deduction certificate.

    Yes. Indian banks and housing finance companies lend to NRIs; the loan is repaid from NRE, NRO or FCNR accounts or by remittance from abroad.

    Yes. Registration can be done through a power of attorney signed abroad and attested or apostilled, in line with the state’s rules.

    About Expertvuw

    Who handles your purchase

    CS Chetna Shoor, Company Secretary and Director, Expertvuw

    CS Chetna Shoor

    ACS – Director, Expertvuw Management Pvt Ltd

    Purchase cases are coordinated by Expertvuw’s team. Title and legal due diligence are carried out by independent advocates, and registration takes place before the state registration authority.

    Expertvuw Management Pvt Ltd