What FEMA allows
Under the general permission of FEMA, an NRI may acquire any immovable property in India other than agricultural land, farmhouse and plantation property. Industrial land, commercial property, residential property — all permitted without RBI approval, provided funds are routed through NRE, NRO or FCNR accounts.
Funding the purchase
NRE account: funds repatriable, ideal for serious investors. NRO account: funds non-repatriable beyond annual limits. FCNR: foreign currency deposits. Loan financing: Indian banks lend to NRIs against industrial property at standard LTV (60–70%), repayable from NRE/NRO inflows or rental income.
Documents NRI buyers need
Passport with valid visa or OCI/PIO card. PAN card (mandatory for any property transaction over ₹10 lakh). Aadhaar if available — useful for digital KYC. Overseas address proof. Bank statements for NRE/NRO accounts showing source of funds. Recent photographs.
Power of Attorney — the operational backbone
Most NRI buyers cannot fly down repeatedly. A well-drafted Power of Attorney (POA) in favour of a trusted family member or professional in India is essential. POA must be executed at the Indian Consulate abroad (or in India during a visit), adjudicated for stamp duty, and registered at the sub-registrar in Greater Noida before use.
POA should be specific (not general) — list the exact plot, the transactions permitted (sale agreement, payment, registration, mutation, authority transfer), and an expiry date or revocation clause.
Repatriation of sale proceeds
If funds were brought in through NRE/FCNR, sale proceeds (up to original investment) are freely repatriable. Capital gains can be repatriated up to USD 1 million per financial year per NRI, subject to RBI guidelines and tax compliance. Form 15CA/CB filing is required for repatriation through authorised dealer banks.
Tax considerations
TDS on sale by NRI is 20% (long-term capital gain) or as per income-tax slab (short-term) — buyer is liable to deduct. NRIs can apply for lower-deduction certificate under Section 197 if actual liability is lower. Indian rental income is taxable in India; treaty benefits may apply depending on country of residence.
Frequently Asked Questions
Can an NRI buy GNIDA leasehold land?
Do I need RBI approval?
Can my POA holder be anyone?
Can OCI cardholders buy industrial land?
Do you assist with end-to-end NRI transactions?
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