Published 27 Sep 2026 · Last reviewed 27 Sep 2026 · 1 min read
In short: NRIs can generally buy residential or commercial property through permitted channels; agricultural property is restricted.
NRI property purchase basics
Under FEMA rules, an NRI can generally purchase residential or commercial immovable property in India, but agricultural land, plantation property and farmhouses are restricted except through permitted routes such as inheritance. Payment must use permitted banking channels and accounts.
Before buying
- Confirm FEMA eligibility and residential status.
- Use NRE/NRO/FCNR or inward-remittance channels as permitted.
- Complete independent title, RERA and approval checks.
- Structure POA carefully if signing from abroad.
- Check lender, tax, PAN and reporting requirements.
On sale
Buyer withholding for an NRI seller differs from resident-seller property TDS. Capital gains, lower-deduction applications, NRO credit and repatriation conditions require planning with an authorised dealer bank and tax professional.
Gift and inheritance
Eligible gifts and inheritance follow FEMA relationship, citizenship, property-type and original-acquisition conditions. Agricultural property has special restrictions.
Sources
FEMA/tax reviewer: [Name and credentials].
Frequently asked questions
Can an NRI buy agricultural land in India?
Purchase is generally restricted; inheritance and other permitted routes require specific review.
Can an NRI buy a residential flat?
Generally yes under FEMA, subject to permitted payment, title and other laws.
Is TDS on sale the same as for a resident seller?
No. NRI seller withholding follows different provisions and must be calculated separately.
NRI Property Purchase and Sale Rules in India
Last reviewed: September 2026 · We broker land in Delhi NCR, so treat anything about specific plots as a commercial interest. Verify title, approvals and measurement independently. See Disclaimer.
