NRI Buying Property in India 2026: Step-by-Step Process, FEMA and Bank Rules

NRIs can freely buy residential and commercial property (including NA plots) in India without any special RBI permission. Agricultural land, farmhouses, and plantation properties require RBI approval — and are practically unavailable. This step-by-step guide covers the complete process — FEMA rules, which properties you can buy, how to pay, POA requirements, and the specific gotchas that catch NRI buyers off guard.

Reading time: 14 minutes | Last updated: July 2026 | Author: Girish Chhalwani, Founder & CEO, THE EDGE Developments

NRI investment in Indian real estate crossed ₹1.5 lakh crore in FY2024–25 — the highest in India’s recorded history. The combination of rupee depreciation (20–25% weaker vs 2015 for most major currencies), improving regulatory clarity under RERA, and robust infrastructure investment is making Indian property compelling for the diaspora. NRIs who bought NA plots near Mumbai in 2019–2021 have seen 120–180% appreciation in rupee terms — and even more in dollar or dirham terms. — Source: RBI Annual Report 2025, ANAROCK NRI Survey 2025

What properties can an NRI buy in India under FEMA?

NRIs can freely buy residential flats, commercial property, and NA plots — no RBI permission required. Agricultural land, farmhouses, and plantation property need prior RBI approval, which is rarely granted. FEMA is the Foreign Exchange Management Act that governs these rules.

OCI (Overseas Citizen of India) cardholders follow the same rules as NRIs for property purchase.

What is the step-by-step process for an NRI to buy property in India?

The process has eight steps: open an NRE/NRO account, get a PAN, verify the property, execute a POA if absent, transfer funds and obtain the FIRC, register the sale deed, update revenue records, and complete post-purchase compliance.

Step 1: Open an NRE/NRO Account in India

All property purchase payments must route through an Indian bank account. NRIs need either:

• NRE account (Non-Resident External): For foreign income remitted to India; fully repatriable
• NRO account (Non-Resident Ordinary): For India-sourced income (rental, salary from Indian employer, etc.); limited repatriation (up to USD 1 million/year)

Most NRI property purchases are funded through NRE accounts — cleanest for repatriation of sale proceeds later.

Step 2: Get Your PAN Card

A PAN (Permanent Account Number) is mandatory for any property purchase above ₹5 lakh in India. NRIs can apply for PAN online through the NSDL portal with passport and overseas address proof. Allow 2–4 weeks for delivery.

Step 3: Shortlist and Verify the Property

• For NA plots: Verify 7/12 extract, NA order, RERA registration, encumbrance certificate
• Confirm the property is not agricultural land (NRI cannot buy without RBI approval)
• Engage an independent property advocate in India (not the developer’s advocate)
• Check MahaRERA registration for plotted development projects

Step 4: Execute Power of Attorney (If Not Present in India)

If you cannot be physically present in India for the registration, execute a Power of Attorney (POA) authorising a trusted person in India to sign on your behalf.

POA for property transactions must be:

• Executed in your country of residence before a Notary Public
• Apostilled (for Hague Convention countries: USA, UK, UAE, Australia, Canada, Singapore, etc.) OR attested by the Indian Embassy/Consulate
• Adjudicated and registered at the Sub-Registrar office in India before it can be used for property registration

Step 5: Fund Transfer and FIRC

Transfer funds from your overseas bank account to your NRE/NRO account in India. When making payment to the seller, obtain a FIRC (Foreign Inward Remittance Certificate) from your Indian bank. This document proves the funds came from abroad and is essential for repatriation when you sell.

Step 6: Token, Agreement for Sale, Registration

• Pay 10% token after RERA and legal verification
• Execute registered Agreement for Sale (AFS) — contains possession date, price, payment schedule
• Pay stamp duty and registration charges (6% + 1% in most Maharashtra cases)
• Execute and register Sale Deed at Sub-Registrar office in India (you or POA holder must be present)

Step 7: Update Revenue Records

After registration, file for mutation (Ferfar) at the Talathi office to update the 7/12 extract with your name as owner. This is separate from the sub-registrar registration and must be done proactively.

Step 8: Compliance Post-Purchase

• File Indian Income Tax Return (ITR) if you have any Indian income — including notional rental value of a second property
• Declare foreign assets in the country of residence as required by local tax laws (FATCA in USA, FBAR for US taxpayers)
• Maintain all purchase documents for future repatriation

How can an NRI legally pay for property in India?

Payment must come through banking channels into an NRE/NRO account. Foreign currency notes, traveller’s cheques, and cash are all prohibited under FEMA and PMLA.

• Remittance from overseas through normal banking channels (to NRE/NRO account) — most common
• Funds from NRE or NRO account
• Foreign currency itself — not permitted; must be converted to INR first
• Traveller’s cheques or foreign currency notes — not permitted for property transactions
• Payment in cash — not permitted under FEMA and PMLA regulations

What TDS rules apply when NRIs transact property?

When an NRI sells property, the buyer must deduct TDS at 12.5%+ (LTCG) or 30%+ (STCG), plus surcharge and cess. If you buy from an NRI seller, this compliance obligation is yours.

• LTCG transactions (held 24+ months): 12.5% + surcharge + cess (effective 14–23% depending on sale value)
• STCG transactions: 30% + surcharge + cess

What red flags should NRI buyers watch for?

Watch for cash-payment pressure, verbal POA, agricultural land mislabelled as “RERA plot,” and missing FIRCs — each can trigger FEMA penalties or block future repatriation.

• Pressure to pay in cash: Any portion of cash payment violates FEMA and can complicate future repatriation. Insist on 100% cheque/RTGS through NRE/NRO account.
• Verbal POA: Never rely on verbal authority. All POA must be properly documented, notarised, apostilled, and registered in India.
• Agricultural land offered as “RERA plot”: Verify NA status independently. An NRI buying agricultural land without RBI approval violates FEMA and attracts penalties.
• No FIRC: Always obtain FIRC for every payment. Without it, repatriation of sale proceeds will face RBI documentation challenges.

Frequently Asked Questions

Can NRI buy land in India without RBI permission?

Yes — NRIs can freely buy residential, commercial property and NA plots without any RBI permission. Agricultural land, farmhouses, and plantation properties require prior RBI approval, which is generally not granted. NRIs should only buy NA-converted plots, not agricultural land.

What is the process for NRI to buy property in India?

Key steps: (1) Open NRE/NRO account, (2) Get PAN card, (3) Verify property legally (7/12, NA order, RERA), (4) Execute notarised and apostilled POA if not present in India, (5) Transfer funds via NRE/NRO account and obtain FIRC, (6) Register Sale Deed via POA holder, (7) Update mutation in revenue records.

Can NRI buy agricultural land in Maharashtra?

No — NRIs cannot purchase agricultural land in Maharashtra (or anywhere in India) without prior approval from the Reserve Bank of India. This approval is rarely granted. NRIs can purchase NA plots freely. Inherited agricultural land can be retained or sold, but not purchased.

How does an NRI repatriate money after selling property in India?

Sale proceeds from NRI property sale can be repatriated via NRE account (if original purchase was funded from NRE account or foreign remittance). Form 15CA/CB is required. Maintain all FIRCs from purchase for smooth repatriation.