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NRI Property Investment in India: FEMA Rules, Taxes and Documents

28 Aug 2026

NRI Property Investment in India: FEMA Rules, Taxes and Documents

NRIs and OCI cardholders can freely buy residential and commercial property in India, but agricultural land, farmhouses and plantation property are restricted. Here is what to plan for.

Who can buy?

Non-Resident Indians and Overseas Citizens of India can purchase any number of residential or commercial properties. No RBI permission is needed; the payment must come through normal banking channels — inward remittance or an NRE/NRO account.

Documents you'll need

  • Passport and OCI/visa copy
  • PAN card and overseas address proof
  • Power of attorney if you cannot be present for registration
  • Bank statements and source-of-funds proof

Taxes

Rental income is taxable in India, and TDS on sale proceeds is deducted at higher rates for NRIs. Long-term capital gains can be reinvested or exempted under specific sections; consult a chartered accountant. India has double-taxation avoidance agreements with most countries, which can prevent paying tax twice.

Repatriation

Sale proceeds from up to two residential properties can be repatriated each financial year subject to conditions. Our NRI desk can arrange virtual site visits and help with paperwork end to end.

Last updated: 19 Sep 2026

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