Can NRIs Buy Property in India?
Yes. Under FEMA (the Foreign Exchange Management Act), NRIs are permitted to buy most residential and commercial real estate in India without needing special RBI approval — the process is largely similar to a resident buyer's, with a few extra document and funding considerations.
What You Can and Cannot Buy
Generally Allowed
- Residential property — apartments, houses, villas.
- Commercial property — office space, retail units.
- Any number of residential/commercial properties — there's no cap on how many.
Generally Not Allowed
- Agricultural land.
- Plantation property.
- Farmhouses.
- These can sometimes be inherited or gifted to an NRI, but usually cannot be freshly purchased without specific RBI permission.
Funding the Purchase
- NRE/NRO account funds: the most common route — payment made via a normal banking channel from your NRE or NRO account.
- Inward remittance: funds wired directly from your overseas bank account into the transaction.
- Home loans: most major Indian banks offer NRI-specific home loan products, typically requiring a higher down payment and additional income documentation (overseas salary slips, employment verification) than a resident applicant.
- What's not allowed: payment in foreign currency notes/travelers cheques, or via a channel outside normal banking — this is a compliance red flag, not a shortcut.
See our NRI Banking guide for more on how NRE/NRO accounts work.
Step-by-Step Purchase Process
Shortlist & verify the property
Confirm clear title, no outstanding liens/encumbrances, and that the project has necessary regulatory approvals (RERA registration, for under-construction projects).
Arrange funding
Confirm your NRE/NRO account is funded, or get pre-approved for an NRI home loan if financing part of the purchase.
Consider a Power of Attorney
If you can't be physically present for signing or registration, a Power of Attorney lets a trusted representative in India act on your behalf — see our Power of Attorney guide.
Execute the sale agreement & pay stamp duty
Stamp duty and registration charges apply the same way as for resident buyers, varying by state.
Register the property
The sale deed is registered at the local sub-registrar's office — either you or your POA holder attends this in person.
Documents & Due Diligence Checklist
- Valid passport and OCI card (if applicable) or visa proof of NRI status.
- PAN card — mandatory for any Indian property transaction above a certain value.
- Overseas address proof.
- Title deed history, encumbrance certificate, and RERA registration (for new/under-construction property).
- Power of Attorney, notarized and attested/apostilled, if you won't be present for signing.