How to buy property in India (2024)

Overview

If you are considering buying a property in India you will need to bear in mind that the legal system and steps to follow are different from those you may have experienced in the UK. It is important to note that while many British nationals enjoy visiting India on holiday, the requirements foreign nationals have to meet to be eligible to buy property are complicated. A number of British nationals who have bought property in Goa in the last ten years have faced difficulties with completing the registration procedures and with gaining long stay visas to enable them to stay in their homes.

If you intend to purchase a property in India, you are strongly advised to engage an independent local lawyer. Neither the Foreign, Commonwealth & Development Office or British High Commissions in India can give legal advice on buying property.

Disclaimer

While we hope that this information is useful, please be aware that it is not intended to be the only guidance for prospective buyers to follow when considering making a purchase. In addition, we make no representation as to the quality or accuracy of the information which is available at the web addresses listed in this guide, nor can we accept any responsibility for the content that is hosted on them. We strongly recommend that prospective buyers of property in India seek independent legal and financial advice at all stages of their purchase.

Residency requirements for foreign nationals

To legally purchase property in India as an individual without the permission of the Reserve Bank of India (RBI), a foreigner has to qualify as a ‘person resident in India’ under Section 2(v) of the Foreign Exchange Management Act (FEMA). According to the RBI website:

“A foreign national who is a ‘person resident in India’ within the meaning of Section 2(v) of FEMA, 1999 can purchase immovable property in India, but the person concerned would have to obtain the approvals and fulfil the requirements, if any, prescribed by other authorities, such as, the State Government concerned, etc. The onus to prove his/her residential status is on the individual as per the extant FEMA provisions, if required by any authority.”

A foreigner would also have to meet the requirements set out by the RBI for Foreign Nationals and those of non-Indian origin: Reserve Bank of India Property Regulations also see Master Circular July 2013.

If you intend to purchase property the visa you enter India on is important as the type of visa should clearly indicate the intention to stay in India for an uncertain period to determine residential status.

A foreigner who meets all of the conditions and acquires resident status under FEMA is then able to purchase immovable property in India though there are restrictions on purchasing agricultural land, farmhouses and plantations. So you should ensure you have checked your right to legally acquire such land. It is our view that unless you have an employment / business visa or otherwise meet the requirements for residency as a foreigner you cannot legally purchase property in India.

A foreigner who has purchased property in India without meeting all of the Government of India requirements (irrespective of whether the purchase was made in good faith) could face an investigation into the purchase and legal ownership of the property, which could in extreme circ*mstances lead to the property being confiscated and returned to the Government of India and a monetary penalty imposed.

Bank accounts

Many foreigners who intend to buy property open Indian bank accounts. Before doing so please consult the RBI guidelines and FAQs .

Timeshare ownership has slowly developed in India with the arrival of known and respected companies, agents and resorts operating legally, fairly and successfully. However there are equally many unscrupulous companies in operation, some of which claim to provide various incentives (including stock market investments and discounts on airfares and accommodation) when exchanging existing timeshare ownership or taking out membership of holiday clubs. More often than not such inducements do not materialise once a deal has been signed and sealed. If you are approached by agents operating such schemes you should treat the approaches with the utmost caution.

Top tips for buying a property in India

  • Use the services of a reputable independent local lawyer. Avoid lawyers suggested or provided by the seller. Only an independent lawyer will know all of the checks that should be made before parting with money. If in doubt seek a second opinion.
  • Remember that you will have to use the services of a Public Notary. The Notary is not acting for you and will not give advice. He/she is an official of the State whose job it is to ensure that all transactions are in the proper form. Parties to a sale and purchase should appear in person before the Notary at the same time. Alternatively they can give power of attorney to their lawyer (or anyone else) to represent them.
  • Use a reliable and established estate agent or a recommended builder.
  • Unless you speak fluent Hindi or the state language (Gujarati, Punjabi, Urdu etc) always have documents translated e.g. title deeds, so that you understand fully what the original documents say.
  • Ask your lawyer to confirm with you in writing that there is no mortgage or other charge or encumbrance registered on the property you are intending to buy; that it is registered in the name of the seller; and there are no outstanding local taxes or capital gains tax. Make sure that all community payments are up to date.
  • Consult a lawyer and the RBI before making an “Agreement of Sale” purchase as you may experience difficulties in registering the property.
  • Transfer money into India through normal banking channels as you may need to prove how the money entered the country before the purchase can be registered. Check the RBI regulations before transferring any money as you may need to seek permission / notify them if you are transferring large sums.

  • Do not think you can buy property without taking independent professional advice. If you do you could end up with no property and no money and face a fine.
  • Do not part with any money unless you are absolutely sure what you are getting for it and have received professional confirmation that everything is in order.
  • Do not buy under pressure and never pay in cash.

Legal advice

British citizens affected by property problems should take independent legal advice from local lawyers. The British High Commission is unable to get involved in individual property problems or legal disputes. The British High Commission maintains the following list of Lawyers.

Local police

If you believe that you have been subject to a property crime, you should make a statement to the local police. Remember to obtain a copy of the statement and ask for the incident number. Please note, there may be a time restriction between the time of the alleged crime and the time within which you make your complaint.

Further support

British nationals who have already bought property in Goa have set-up a Goa Property Working Group and would be happy to answer questions on Goa property concerns.

Published 17 January 2014

Contents
How to buy property in India (2024)

FAQs

What is the best way to buy property in India? ›

You need to be patient and flexible while looking to buy a home. Look at as many options as possible, be open to neighbouring localities and going up or down a few square feet, you should even look at new as well as resale homes. Keep options open but make sure the home you choose gives you the feeling of 'home'.

How can I buy property in India while in USA? ›

Can I buy property in India from USA as an NRI?
  1. Get your proof of NRI status or get advance permission from the Reserve Bank of India.
  2. Seek a solicitor or realtor's advice to proceed legally.
  3. Be sure you have your OCI Overseas Citizen of India card, notarized power of attorney and more.

What is the step by step process for buying property in India? ›

Here are a few things which you can consider before buying a property in India:
  • Title Verification. Title verification is the basic and foremost important thing you should do before buying a property. ...
  • Seller's Identity Verification. ...
  • Construction Approval. ...
  • Document Verification. ...
  • RERA Compliance.

What is required to buy property in India? ›

Sale Deed

This is the primary legal paper that makes you the owner of the property you are buying. Therefore, you need to prepare the original copy of this paper and submit the same in the sub registrar's office of your locality when you formally register the property.

How do foreigners buy property in India? ›

According to The Ministry of External Affairs, India foreigners cannot buy or sell immovable property in India. However, it is possible to buy a property after seeking RBI's approval if the property is acquired from the person who inherited it from a person who was a resident of India.

Is property in India a good investment? ›

Is investing in Indian real estate worth it? Real estate investment in India has a lower volatility quotient than other business investment options like equities and mutual funds. It remains one of the safest investment alternatives in India because it is a tangible asset.

Can a US citizen claim property in India? ›

A Non-Resident Indian or a Foreign national such as UK, US or Canadian citizens can inherit the property in India from anyone including their relatives. The NRI can inherit property in India even from another NRI, subject to certain conditions.

Can I sell property in India and bring money to USA? ›

How much money can be transferred from India to the USA? The US authorities do not impose a limit on the amount of money you can send from India. However, you may need to report high value payments to the IRS using IRS Form 3520.

How can NRI buy property in India from USA? ›

As an NRI, you can buy commercial or real estate properties in India. You must provide a Notarised PoA for property purchase. You are eligible to receive tax benefits on your real estate investments. You can avail of loans through NRE or NRO accounts and repay EMIs in INR.

How much cash is needed to buy a house in India? ›

This means that the required down payment for a home loan in India is 20%. To buy a house worth one crore, you must have a minimum down payment of Rs. 20 lakhs. When you factor in additional costs such as registration fees, loan application fees, furniture, and interior design costs, you'll need nearly Rs.

Do you need lawyer to buy a house in India? ›

If you intend to purchase a property in India, you are strongly advised to engage an independent local lawyer.

How much downpayment is required to buy a house in India? ›

It would be a good idea to make a down payment of 15%-20% of the cost of an expensive asset such as a house when availing a home loan. You may repay the remaining loan amount over time through EMIs or equated monthly instalments. Lenders may specify a minimum amount for the down payment.

Can I buy a house in India if I am not a citizen? ›

Foreign national resident in India can purchase any immovable property in India. This is because once he is a resident in India, he gets the rights like any other resident. This freedom is however not available to citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, and Bhutan.

Can I gift property in India? ›

According toSection 122 of the Transfer of Property Act, 1882, you can transfer immovable property through agift deed. Like a sale deed, a gift deed contains the details of the property, the transferor, and the recipient. But unlike a sale deed, it allows one to transfer ownership without any exchange of money.

How many houses can a person buy in India? ›

As per the law in force in India, there is no specific limit on the number of flats and houses that an individual or a couple can own. However, the number of properties that a person can acquire may be subject to various legal and financial implications such as taxation, stamp duty, and registration fees.

Can an American own a house in India? ›

A foreign national of non-Indian origin resident outside India cannot buy any immovable property in India. It is illegal for foreign nationals to own property in India unless they satisfy the residency requirement of 183 days in a financial year (a tourist visa lasts for 180 days).

What is the tax on buying property in India? ›

Under the current income tax laws, if the difference between circle rate and actual sale price of property exceeds by 10% of circle rate, then both buyer and seller calculate and pay tax on the basis of the circle rate. This combined additional tax burden is between 40 and 60%.

Can US citizen with OCI buy property in India? ›

Q: Can OCI card holders purchase property in India? A: OCI card holders can purchase residential and commercial properties in India. But they are not permitted to purchase agricultural land, including farmland or any kind of plantation property.

Which city is best to buy property in India? ›

List of 10 Best Cities for Real Estate Investments in India
  • Mumbai: ...
  • Thane: ...
  • Chennai: ...
  • Bangalore: ...
  • Hyderabad: ...
  • Noida: ...
  • Kolkata: Kolkata has become the most economical real estate investment location because of the expansion of infrastructural facilities around the city. ...
  • Ahmedabad :

Is it better to buy land or flat in India? ›

Plot vs Flat - Returns

Experts say that plots appreciate faster than apartments. This is mainly because plots are less in supply in the market. Age does not affect your investment in plots, as it does in the case of apartments. Appreciation depends on the location and proximity to big infrastructure projects.

Which is better flat or house in India? ›

Flats offer cost-effectiveness, low maintenance, amenities, and security, but lack privacy, restrict modifications, and may have disputes. Independent homes offer more space and privacy, customization options, and higher resale value, but come with higher costs and maintenance, security issues, and isolation.

Can a US citizen inherit money from India? ›

You are not subjected to inheritance or estate tax in America; if you are a U.S. resident or Green Card owner and have inherited assets or property in India, you are not subjected to inheritance or estate tax in America. However, it is mandatory to comply with the requirements and report it to the U.S. government.

Is property sold in India taxable in USA? ›

That means any gain from selling your primary residence overseas is usually tax-free, as long as you meet the occupancy requirements and your gain is below these thresholds: $500,000 – if you're married filing jointly. $250,000 – if you use any other filing status.

Can US citizens sell land in India? ›

Can A NRI Sell Agricultural Land In India? If you have land for sale in India, you may only sell it to a resident of India. NRIs are not allowed to purchase or own agricultural land in India. However, if you purchased the land while you were a resident of India, you may sell it as an NRI, but only to Indian residents.

How much money can be transferred from USA to India without tax? ›

The IRS has no limit on how much money you can send to India. However, above $11.7 million USD, you'll be liable for taxes.

What is the maximum limit for money transfer from USA to India? ›

There is no hard limit on the money amount one can transfer from the USA to India in most cases, but regulations and compliance requirements must be met.

How much cash can I carry India to USA? ›

You may bring large sums of money with you in the form of cash, money order, or traveler's checks. There is no maximum limit, however, any amount exceeding $10,000 USD must be declared upon arrival on both the Form 6059B and FinCEN 105. All forms must be filled in completely and truthfully.

Do NRI pay property tax in India? ›

Some property compliances can't be avoided whether an NRI is purchasing or selling the property. Property tax is a recurring levy that a property holder, whether a citizen of India or an NRI, pays yearly to the municipality.

How NRI can gift property in India? ›

Gifts From An NRI to A Resident Indian

Gifts offered by NRIs to RI relatives are exempt from taxes. Gifts offered by NRIs to RI friends or acquaintances are tax exempted if the value does not exceed INR 50,000. Income from gifts by NRIs to RI friends or acquaintances is taxable if the value exceeds INR 50,000.

What is the tax on NRI buying property in India? ›

If an NRI buys an immovable property in India from a resident, he must deduct TDS at 1%, if the sale consideration value exceeds Rs 50 lakh. On the other hand, if an NRI purchases a property from a non-resident, and if long-term capital gains (LTCG) are applicable, then TDS deduction should be at 20%.

How much money is required to live a good life in India? ›

Cost of living depends on what you do and where you live in the India. Basic need living costs such as food, water and shelter costs you around 15000 to 20000 INR. Depending on your expense, it may result in a higher amount or lower amount.

What is the best age to buy a house in India? ›

The Ideal Age (30 - 35)

Furthermore, the salary at this stage would be higher than at an earlier age, and the individual could get a good deal on a bank loan for 20-25 years.

How much does a 1000 square feet house cost in India? ›

Average Cost Of Construction In India (March 2023)

In India, the average cost of constructing a 1,000-square-foot house is Rs 12 lakh.

How long does it take to buy a house in India? ›

Buying a home takes about 40–50 days once you're under contract.

Is it legal to buy a house with cash India? ›

According to section 269SS of Income Tax Act, while transacting Immovable Property, 100% penalty will be levied if seller has accepted an amount of Rs. 20,000 or more in cash from the buyer. NEW DELHI: If you have made a payment of over Rs 20,000 in cash while buying a property, be prepared for an income tax notice.

Can I sell my property in India? ›

A non-resident Indian (NRI) can sell their residential or commercial property to either an Indian Citizen or another NRI. The same goes for any foreign national such as UK, USA or Canadian citizens who may have inherited Indian property and now wish to sell their Indian assets.

Can I buy home with zero down payment in India? ›

The simple answer to that is a 'no'.

Banks and NBFCs can only sanction up to a certain percentage of the market value of the property in the form of a home loan. The percentage of the minimum down payment for a home loan is 10% of the market value of the property depending on your chosen lending partner.

Is it expensive to buy a house in India? ›

How much does it cost to buy a house in India? The cost of a house depends on the size and location of the property. While in Tier-1 cities, a 2 BHK flat may cost around Rs 45-60 lakh, in Tier-3 cities, it may be easily available within Rs 40 lakh.

Can I get mortgage to buy property in India? ›

Composite housing loans are available for home loan seekers which provide loans for purchasing and constructing a house but utilisation of the loan amount for purchase of plot is restricted to 60% of the total sanctioned amount.

Where in India real estate is cheapest? ›

Top 10 Cheapest Cities in India to Live in 2022
  • Navi Mumbai. ...
  • Jaipur, Rajasthan. ...
  • Surat, Gujarat. ...
  • Banglore. ...
  • Ghaziabad. ...
  • Ahmedabad. ...
  • Coimbatore, Tamil Nadu. ...
  • Gurugram. In the top 10 cheapest cities to buy a home in India in 2022, on last we have Gurugram.
Jan 24, 2023

Is it worth buying land in India? ›

Land is a great asset for investors because of its price stability, its flexible nature, and zero maintenance cost. Besides, there is always demand for land because of its high returns and low risk compared to other forms of investing like stocks and shares.

Do I need to pay tax if I buy a land in India? ›

Property is considered a capital asset and Capital Gains Tax is levied on the gains arising from the sale of property. Such gains are calculated after adjusting the inflation rate, transfer and renovation charges.

What will happen to a flat after 50 years in India? ›

Multi-story flats are typically governed by owners' organisations. Regardless of the building's age, whenever a majority of them decide to tear it down, each owner will own their own UDS (undivided share) of the land. A well-designed building can easily last more than 50 years. This is the life of apartment in India.

Do flat owners have to pay property tax in India? ›

Only the owner of the property is liable for paying the property tax. Hence, if you are a tenant, you need not be concerned about it. In case of a property dispute, the property tax receipt plays a crucial role, to prove ownership of property.

Which part of India is best to live? ›

The list also includes the most livable cities in India. In the 2022 list, Bangalore secured first position, followed by Pune, Ahmedabad, Chennai, Surat, Navi Mumbai, Coimbatore, Vadodara, Indore and Greater Mumbai. Cities are judged based on culture and environment, stability, health, infrastructure and education.

Who owns most of the property In India? ›

Today, after the Armed Forces and the Railways, the waqf is the largest landowner in India. In 1954, the Jawaharlal Nehru government passed the Waqf Act, which led to the centralisation of waqfs. Under the Act, the government established the Central Waqf Council in 1964.

Which state has most expensive real estate In India? ›

As per it, in 2022 average luxury real estate price in Mumbai stood at Rs 707,996 per square-meter or Rs 65,771 per square-feet. While in Delhi, the average rate of luxury properties was Rs 353,982 per sq. meter or Rs 32,886 per sq. ft.

How much a house cost in India? ›

Average Cost Of Construction In India (March 2023)

In India, the average cost of constructing a 1,000-square-foot house is Rs 12 lakh. This may differ depending on the city and other considerations such as labour availability, raw material supply, and the quality of the furnishings you use.

Which city is affordable to live in India? ›

Cheapest City In India #1: Thiruvananthapuram. Cheapest City In India #2: Nagpur. Cheapest City In India #3: Bangalore. Cheapest City In India #4: Hyderabad.

How much is an expensive house in India? ›

The most expensive house in India is Antilia, a 27-story skyscraper located in Mumbai. It is owned by business tycoon Mukesh Ambani and is valued at over 12000 Crores.

Can I own 1000 acres of land in India? ›

The maximum limit for holding land is 54 acres.

How much is an acre of land worth in India? ›

So, we have two estimates for the maximum fundamental value of land – Rs. 520,000 and Rs. 615,000 per acre.

Can I buy land with cash in India? ›

According to section 269SS of Income Tax Act, while transacting Immovable Property, 100% penalty will be levied if seller has accepted an amount of Rs. 20,000 or more in cash from the buyer. NEW DELHI: If you have made a payment of over Rs 20,000 in cash while buying a property, be prepared for an income tax notice.

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