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NRI family with property-sale papers and a wire-transfer receipt — NRI selling property in India, tax and repatriation
CategoriesNRI Guides

NRI Selling Property in India: Tax, TDS, Repatriation and How to Bring Money Home

By Girish Chhalwani,

THE EDGE — Direct Answer

When an NRI sells property in India, the buyer must deduct TDS before paying — approximately 13–18% for long-term capital gains (property held 24+ months) or 30%+ for short-term gains. The most important step is applying for a Lower Deduction Certificate (Form 13) before the sale to prevent excess TDS from being locked up for 8–12 months in a refund cycle. After the sale, file an Indian Income Tax Return to claim Section 54F exemption (reinvest in residential property) or Section 54EC (invest up to ₹50 lakh in NHAI/REC bonds within 6 months). To repatriate sale proceeds abroad, submit Form 15CA and 15CB to your Indian bank — up to USD 1 million per year from an NRO account, unlimited from an NRE account. Total processing typically takes 5–15 business days.

TL;DR — KEY TAKEAWAYS

  • The buyer must deduct TDS of ~13–18% (LTCG) or 30%+ (STCG) before paying an NRI seller.
  • Apply for a Lower Deduction Certificate (Form 13) BEFORE the sale to avoid locking up cash in excess TDS.
  • Repatriate via Form 15CA/15CB — up to USD 1M/year from an NRO account, unlimited from an NRE account.
  • File an Indian ITR even if TDS was fully deducted, to claim refunds and Section 54F/54EC exemptions.

When an NRI sells property in India, the buyer must deduct TDS (Tax Deducted at Source) at 12.5–23% before paying — and the NRI must file an Indian Income Tax Return to claim any excess refund. After tax compliance, repatriation of sale proceeds to your overseas account is governed by RBI rules. This guide walks through the entire process — from sale to wire transfer abroad.

Reading time: 13 minutes | Last updated: July 2026 | Author: Girish Chhalwani, Founder & CEO, THE EDGE Developments

The most common mistake NRI property sellers make is not applying for a Lower TDS Certificate before the sale. If the buyer deducts 20–23% TDS at source and the NRI’s actual tax liability is only 12.5%, they must wait 8–12 months for an ITR refund. A Lower Deduction Certificate from the Income Tax Department, applied for before the sale, allows TDS to be deducted at the actual liability rate — dramatically improving cash flow. — Source: Income Tax Department Circular, NRI TDS Guidelines 2024

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

Five steps: calculate your capital gains tax, apply for a Lower TDS Certificate before selling, execute the registered sale, file your Indian ITR, and repatriate the proceeds using Form 15CA/15CB. Doing them in this order protects your cash flow.

Step 1: Determine Capital Gains Tax Liability

Before anything else, calculate what you owe:

  • LTCG (held 24+ months): 12.5% flat rate on gains (post-Budget 2024); no indexation for properties acquired after July 23, 2024
  • STCG (held under 24 months): Taxed at applicable income slab rate (30% at highest bracket + surcharge + cess)
  • Add surcharge (10–37% of tax depending on gain amount) and cess (4%) to arrive at effective rate

Step 2: Apply for Lower TDS Certificate (Form 13) — Do This First

Before the sale, apply to the Income Tax Department for a Lower Deduction Certificate under Section 197. This certificate specifies the TDS rate applicable based on your actual tax liability — preventing over-deduction.

Timeline: Apply 30–60 days before expected sale date. Income Tax Department typically processes in 2–4 weeks.

Documents required: PAN, calculation of capital gain, purchase documents, sale agreement draft

Without this certificate: buyer deducts TDS at default NRI rates (significantly higher than actual liability in many cases).

Step 3: Execute the Sale

  • Agree on sale price and terms with buyer
  • Execute registered Agreement for Sale (AFS)
  • Buyer deducts TDS (as per Lower Deduction Certificate or standard rates) and deposits with Income Tax Department via Challan 26QB
  • Buyer provides TDS certificate (Form 16B) to seller
  • Execute and register Sale Deed at Sub-Registrar office in India (NRI can attend in person or via registered POA)

Step 4: File Indian Income Tax Return (ITR)

NRI sellers must file ITR in India for the financial year of sale — even if all tax was deducted at source. Benefits of filing:

  • Claim refund of any excess TDS deducted
  • Claim Section 54F exemption (if reinvesting in residential property)
  • Claim Section 54EC exemption (if investing in NHAI/REC bonds)
  • Provide documentation for repatriation clearance

File ITR before July 31 of the assessment year following the sale. You can file online through incometax.gov.in.

Step 5: Repatriate Funds from India to Abroad

What can be repatriated:

  • Sale proceeds from the sale of immovable property (up to 2 residential properties per NRI per year)
  • Repatriation limit: USD 1 million per financial year for NRO account (which includes all sources)
  • From NRE account: freely repatriable with no upper limit

Documents required for repatriation:

  • Form 15CA (self-declaration) and Form 15CB (CA certificate) — uploaded to Income Tax portal
  • Proof of property ownership and sale
  • Evidence that TDS was deducted/paid (Form 16B / Challan 26QB receipt)
  • ITR filing acknowledgement for the relevant year
  • Original FIRC(s) from the purchase — proving original funds were remitted from abroad

What TDS rates apply to NRI property sellers in 2026?

For LTCG, TDS runs ~13% to ~18% of the sale value depending on the surcharge band; for STCG it starts at 30% and can exceed 42%. A Lower Deduction Certificate reduces this to your actual liability.

Sale Type Standard TDS Rate Effective Rate with Surcharge & Cess
LTCG (held 24+ months, sale consideration ≤₹50L) 12.5% ~13.0%
LTCG (sale consideration ₹50L–₹1Cr) 12.5% + 10% surcharge ~14.3%
LTCG (sale consideration ₹1Cr–₹2Cr) 12.5% + 15% surcharge ~15.0%
LTCG (sale consideration ₹2Cr–₹5Cr) 12.5% + 25% surcharge ~16.3%
LTCG (sale consideration above ₹5Cr) 12.5% + 37% surcharge ~17.9%
STCG (held less than 24 months) 30% ~31.2% to 42.7% with max surcharge

A Lower Deduction Certificate can reduce these rates to actual liability. Consult a chartered accountant before any NRI property sale.

What exemptions can an NRI seller claim?

NRIs can claim the same LTCG exemptions as residents: Section 54F (reinvest the full sale consideration in an Indian residential property) and Section 54EC (invest up to ₹50 lakh in NHAI/REC bonds within 6 months).

Section 54F: Reinvest in Residential Property

Same as for residents: reinvest entire net sale consideration (not just gain) in a residential property within 1 year before or 2 years after sale (purchase) or 3 years (construction). Exempts entire LTCG. The new residential property must be in India.

Section 54EC: Infrastructure Bonds

Invest up to ₹50 lakh in NHAI or REC bonds within 6 months of sale. Exempt LTCG up to ₹50 lakh. 5-year lock-in period.

Can NRIs sell agricultural land they inherited?

Yes — NRIs who inherited agricultural land (or received it as a gift from a resident Indian) can sell it to a resident Indian only (not to another NRI). The sale proceeds can be credited to NRO account and repatriated within the USD 1 million annual limit after tax compliance.

Frequently Asked Questions

What TDS is deducted when NRI sells property in India?

For LTCG (held 24+ months): TDS ranges from ~13% to ~18% depending on sale value, due to surcharge on higher amounts. For STCG (held under 24 months): TDS at 30% plus surcharge and cess, which can reach 42%+. Apply for a Lower Deduction Certificate before sale to avoid over-deduction.

How does an NRI bring money to the US/UK/UAE after selling property in India?

File Form 15CA and 15CB with Income Tax portal. Submit to your Indian bank (NRO account) along with sale documents, Form 16B, ITR acknowledgement, and original FIRC from purchase. The bank will then execute the international wire transfer. Processing typically takes 5–15 business days.

How much money can an NRI repatriate from sale of property in India per year?

From an NRO account: up to USD 1 million per financial year (covering all sources including property sale proceeds). From an NRE account: unlimited repatriation (if original purchase was funded from NRE account or foreign remittance). There is no restriction on repatriation from NRE accounts.

Does an NRI need to file ITR in India when selling property?

Yes — if any capital gain arises from the sale, the NRI must file an ITR in India for that financial year. Even if TDS has been fully deducted, filing is necessary to claim exemptions (Section 54F, 54EC), claim any refund on excess TDS, and comply with Indian tax law.

About the Author — Girish Chhalwani

Girish Chhalwani is the Founder & CEO of THE EDGE Developments, a RERA-registered plotted-development company in the Karjat–MMR corridor. With 20+ years in Maharashtra land acquisition, NA conversion, and infrastructure-led land investment, he advises HNI and NRI investors on land strategy near Mumbai.

 ·  About THE EDGE Developments

Planning to Buy or Sell as an NRI?

THE EDGE Developments helps NRI investors buy, hold, and exit RERA-registered land near Mumbai with full tax and repatriation documentation. Speak with our team for a remote consultation.

Book an NRI Consultation →

This article is general information, not tax advice. Consult a qualified chartered accountant for your specific situation.

Person on a video call managing Indian property remotely with land documents and a globe — NRI property management from abroad
CategoriesNRI Guides

How NRIs Can Manage Property in India from Abroad Without Getting Cheated

By Girish Chhalwani,

THE EDGE — Direct Answer

NRIs can protect Indian property from abroad by building four layers of protection: the right Power of Attorney structure, a local advocate on annual retainer, a physical inspection protocol, and a six-monthly digital record verification routine. The single most critical rule: never grant a general POA with sale powers — use limited, specific POAs that explicitly exclude sale and mortgage rights. Every six months, check your 7/12 extract on Mahabhulekh (mahabhulekh.maharashtra.gov.in) and the IGR Maharashtra registry for any unauthorized mutation or document registration. For vacant land, appoint a local caretaker, erect boundary fencing with a visible notice board, and arrange geotagged photo inspections every 2–3 months. For NRIs who want minimal management burden, a RERA-registered gated project is the best choice — the developer maintains security, boundaries, and complete documentation.

TL;DR — KEY TAKEAWAYS

  • The biggest NRI property risk is POA misuse — use limited, specific POAs, never a general one with sale powers.
  • Vacant land invites encroachment and adverse-possession claims — fence it, appoint a caretaker, inspect twice yearly.
  • Check your 7/12 and IGR records every 6 months to catch any fraudulent mutation early.
  • A RERA-registered branded project removes most remote-management risk — built-in security, records, and no encroachment.

Managing property in India from abroad is one of the most common pain points for NRIs — and the most common source of fraud against the diaspora. Unauthorized encroachment, fraudulent rental agreements, property sold without knowledge, and POA misuse cost NRI property owners crores every year. This guide gives you a practical, implementation-level framework to protect and manage your Indian property from wherever you are in the world.

Reading time: 13 minutes | Last updated: July 2026 | Author: Girish Chhalwani, Founder & CEO, THE EDGE Developments

The most common NRI property fraud pattern: a trusted local contact — often a relative or family friend — is given Power of Attorney, subsequently executes an unauthorized sale or mortgage, collects the proceeds, and disappears. This has happened thousands of times across India. The protection is not avoiding POA — it is structuring the right type of POA with the right restrictions and monitoring. — Source: Supreme Court of India Property Dispute Rulings, Lokayukta Maharashtra Reports 2025

What are the biggest risks for NRI property owners?

Four risks dominate: fraudulent sale through a misused POA, encroachment of vacant land, tenant occupancy claims, and revenue-record tampering. Each has a specific, practical fix.

Risk 1: Fraudulent Sale via Misused POA

A general Power of Attorney gives the holder sweeping powers to sell, mortgage, or transfer the property without further consent. NRIs who granted general POAs — especially to distant relatives or agents — have had properties sold without their knowledge.

Fix: Use a limited, specific POA — define exactly what the POA holder can and cannot do. Exclude sale, mortgage, and encumbrance rights unless specifically intended. Review and revoke annually.

Risk 2: Encroachment and Unauthorized Occupation

Vacant land is particularly vulnerable. In the absence of an owner’s physical presence, encroachers can occupy the land, make improvements, and later claim adverse possession (legal squatting rights after a 12-year period in India).

Fix: Never leave land vacant without a local caretaker, boundary wall/fencing, and regular physical inspections (minimum twice yearly). Engage a property management firm for vacant land.

Risk 3: Tenant Fraud and Unauthorized Sub-letting

Tenants in long-term verbal agreements can claim occupancy rights under old Rent Control Acts. Subtenants moved in by tenants can be even harder to evict. Verbal rental agreements are particularly dangerous.

Fix: All tenancy agreements must be registered. Use 11-month leave-and-license agreements with mandatory renewal — these prevent tenants from claiming long-term occupancy rights under rent control legislation.

Risk 4: Revenue Record Tampering

In rural Maharashtra, revenue records have been fraudulently altered to show different ownership. The digitisation of Mahabhulekh has reduced this significantly but not eliminated it.

Fix: Verify your name on the 7/12 extract on mahabhulekh.maharashtra.gov.in at least twice yearly. Set up annual alerts with a local advocate to flag any mutations on your survey number.

How do I build a property protection system from abroad?

Build four layers: the right POA structure, a local advocate on retainer, a physical inspection protocol, and a digital record-verification routine. Together they close every common fraud vector.

1. The Right POA Structure

Instead of one general POA, use multiple limited, specific POAs:

  • Maintenance POA: Pay bills, deal with local authorities, supervise repairs — but explicitly excludes sale, mortgage, and encumbrance
  • Tenancy POA: Specifically for managing rental — execute leave-and-license agreements, collect rent — limited to this specific property
  • Sale POA: Only if and when you decide to sell — limited to a specific sale at a specific minimum price, expiring after a defined period

POA must be registered at the Sub-Registrar office in India to be valid for property transactions.

2. The Local Advocate Retainer

Retain a local property advocate (not someone the developer recommends) for ₹12,000–25,000/year retainer. Their responsibilities:

  • Monitor 7/12 and property card for any unauthorised mutations
  • Receive and review any government notices directed at your property
  • Flag any revenue court proceedings involving your survey number
  • Annual written status report to you

3. Physical Inspection Protocol

For vacant land:

  • Appoint a local caretaker — not a relative of the adjacent landowner
  • Erect a boundary wall or chain-link fence with a visible notice board (your name, contact, and warning against trespass)
  • Arrange for a trusted person to physically visit the plot every 2–3 months and send you geotagged photographs
  • If in a branded RERA project: the developer/project management typically handles security as part of maintenance — confirm this contractually

4. Digital Record Verification Routine

Set a calendar reminder every 6 months to:

  • Check 7/12 extract on Mahabhulekh — confirm your name is still the owner
  • Check IGR Maharashtra (igrmaharashtra.gov.in) — verify no new document has been registered against your survey number
  • For properties with existing mortgages: check CERSAI for any new charges
  • Check Mahabhulekh mutation register for any new ferfar entries

How should NRIs manage rental income from abroad?

Route all rent through a dedicated NRO account, use only registered 11-month leave-and-license agreements, and appoint a registered property management company. Rental income is taxable in India with 30% TDS at source.

  • Use a registered property management company (not just an individual agent)
  • All rent must flow to your NRO account
  • Rental income is taxable in India — TDS at 30% is deducted at source for NRI landlords; file ITR to claim excess refund if applicable
  • Use only 11-month registered Leave and License agreements — avoid annual or long-term leases
  • Maintain receipts for all property expenses for future deduction claims

Why does a RERA branded project protect NRIs best?

A RERA-registered gated project physically secures your plot, maintains complete documentation, makes encroachment practically impossible, and provides a resale ecosystem — removing most of the remote-management burden.

  • Project security: The developer maintains boundary walls, security, and common area management — your plot is physically protected without you needing a separate caretaker
  • Documentation: Developer maintains complete records; you receive registered title deed, RERA-compliant agreement, and clear plot demarcation
  • No encroachment risk: In a gated project with physical development, encroachment is practically impossible
  • Resale infrastructure: When you eventually sell, the developer’s ecosystem assists buyers — faster resale than private land

Frequently Asked Questions

Can someone sell my property in India without my knowledge?

Yes — if you have granted a general Power of Attorney (POA) with sale powers. A POA holder can technically execute a sale. Protect yourself with limited, specific POAs that explicitly exclude sale authority unless that is specifically your intent. Revoke POAs annually and reissue only what is needed.

How do I check if my property in India has been tampered with or sold?

Check the 7/12 extract on mahabhulekh.maharashtra.gov.in — your name must appear as owner. Check IGR Maharashtra (igrmaharashtra.gov.in) for any new registered documents against your survey number. Do this every 6 months. Engage a local advocate to monitor on your behalf.

How do NRIs pay property tax in India from abroad?

Most municipal corporations now allow property tax payment online — Mumbai (mcgm.gov.in), Navi Mumbai (nmmc.gov.in), Gram Panchayat payments through their respective portals. Your local POA holder or property manager can pay on your behalf and email you the receipt.

What is the best way for NRIs to manage rental income from property in India?

Open a dedicated NRO account for Indian-source income. All rent must flow through this account. Appoint a registered property management company to handle tenant relations, rent collection, and maintenance. Declare rental income in your ITR and claim relevant deductions (30% standard deduction, municipal taxes, interest on loan if any).

About the Author — Girish Chhalwani

Girish Chhalwani is the Founder & CEO of THE EDGE Developments, a RERA-registered plotted-development company in the Karjat–MMR corridor. With 20+ years in Maharashtra land acquisition, NA conversion, and infrastructure-led land investment, he advises HNI and NRI investors on land strategy near Mumbai.

 ·  About THE EDGE Developments

Own a Plot That Protects Itself

THE EDGE Developments offers gated, RERA-registered plots in Karjat with on-site security, maintained boundaries, and complete documentation — built for NRIs who manage from abroad. Speak with our team for a remote consultation.

Book an NRI Consultation →

NRI Indian couple reviewing property documents abroad with a world map and mixed currency — NRI buying property in India
CategoriesNRI Guides

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

By Girish Chhalwani,

THE EDGE — Direct Answer

NRIs can freely buy residential property, commercial property, and NA (Non-Agricultural) plots in India without any RBI permission under FEMA. Agricultural land, farmhouses, and plantation property require prior RBI approval — which is rarely granted — and should be avoided. All payment must route through an NRE or NRO bank account; cash is banned under FEMA. The 8-step process: open an NRE/NRO account, get a PAN card, verify the property independently (7/12, NA order, RERA, encumbrance certificate), execute a notarised and apostilled Power of Attorney if not physically present in India, transfer funds and obtain the FIRC from your bank, register the Sale Deed, update mutation records (Ferfar) at the Talathi office, and complete post-purchase tax compliance. Keep every FIRC — it is mandatory for repatriation when you sell.

TL;DR — KEY TAKEAWAYS

  • NRIs can freely buy residential/commercial property and NA plots in India — no RBI permission needed.
  • Agricultural land, farmhouses and plantations need RBI approval (rarely granted) — avoid them.
  • All payment must route through an NRE/NRO account; cash is banned under FEMA.
  • Keep every FIRC and use an apostilled, India-registered POA if you cannot attend registration in person.

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.

Property Type Can NRI Buy? RBI Permission Needed?
Residential flat / apartment Yes, freely No
NA plot (Non-Agricultural) Yes, freely No
Commercial property / office Yes, freely No
Agricultural land No (general rule) Yes — prior RBI approval needed
Farmhouse No (general rule) Yes — prior RBI approval needed
Plantation property No (general rule) Yes — prior RBI approval needed
Inherited agricultural land Yes — can retain/sell, cannot buy No for inheritance; approval for purchase

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.

About the Author — Girish Chhalwani

Girish Chhalwani is the Founder & CEO of THE EDGE Developments, a RERA-registered plotted-development company in the Karjat–MMR corridor. With 20+ years in Maharashtra land acquisition, NA conversion, and infrastructure-led land investment, he advises HNI and NRI investors on land strategy near Mumbai.

 ·  About THE EDGE Developments

NRI-Ready Plots in the Karjat–MMR Corridor

THE EDGE Developments helps NRI investors buy RERA-registered, NA-converted plots near Mumbai — with FEMA-compliant payment routing, POA support, and full documentation. Speak with our team for a remote consultation.

Book an NRI Consultation →