Frequently Asked Questions

As per FEMA a person is considered as an NRI if:
• They reside outside India for more than 183 days in the preceding financial year, AND
• Their intention is to stay outside India either permanently or for an indefinite period for employment, business, or other purposes.

Yes, NRIs can purchase residential or commercial properties in India. However, they cannot buy agricultural land, plantation property, or farmhouses.

Key documents include:
• A valid Indian passport or OCI card
• PAN (Permanent Account Number) card
• Proof of address (overseas and India)
• Power of Attorney (if applicable)

NRIs can finance property purchases through:
• Funds maintained in NRE (Non-Resident External) or NRO (Non-Resident Ordinary) accounts
• Home loans from Indian banks

No, NRIs can own multiple residential and commercial properties in India without restrictions.

Yes, NRIs can sell residential or commercial properties to Indian residents, other NRIs, or Persons of Indian Origin (PIOs). However, agricultural land, plantations, and farmhouses can only be sold to Indian residents.

Yes, NRIs must pay taxes such as:
• Stamp duty and registration charges on purchase
• Capital gains tax on sale (long-term or short-term, depending on the holding period) Additionally, Tax Deducted at Source (TDS) is applicable for property sales by NRIs.

Yes, NRIs can repatriate proceeds from property sales, subject to certain conditions:
• The property must have been acquired as per FEMA guidelines
• Necessary taxes must be paid
• A Chartered Accountant’s certificate (Form 15CB) to confirm that all applicable taxes have been paid

• FEMA Law
• Income Tax Law
• Permissions from RBI in certain cases

If the NRI cannot be physically present for the transaction, a PoA can be granted to a trusted individual to handle the transaction on their behalf.

Yes, Indian banks and financial institutions offer home loans to NRIs. The loan eligibility is based on income, repayment capacity, and other factors. EMIs can be paid through NRE/NRO accounts or foreign remittances.

NRIs should:
• Verify the property’s title deed and ownership history
• Check for any encumbrances
• Confirm compliance with local laws and approvals
• Engage legal and real estate experts for due diligence

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