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Can an NRI buy land in India to build a house?

Can an NRI buy land in India? Yes, if it is non-agricultural land, such as a residential or commercial plot. What an NRI cannot buy is agricultural land, plantation land or a farmhouse. So the real question for a plot is whether it is genuinely non-agricultural and approved for building.

Adv. Swanand PanditUpdated 2 min readNRI Legal Services
+91 8291849797
NRI reviewing restrictions on purchasing land in India
Key takeaways
  • NRIs can buy non-agricultural residential and commercial plots.
  • Check that the land has valid non-agricultural status, not just a seller's promise.
  • Check layout approval and that building permission can be obtained.
  • Plot loans for NRIs are available from some lenders on stricter terms.
On this page
  1. Can NRI buy land in India: which land?
  2. How do you check non-agricultural status?
  3. Layout and building approvals
  4. NRI open plot purchase: payments and loans
  5. Mistakes NRI plot buyers make
  6. Plot from an individual or from a developer layout?
  7. Building on the plot
  8. Before you buy a plot

Can NRI buy land in India: which land?

LandCan an NRI buy?
Residential plot in an approved layoutYes
Commercial plotYes
Agricultural landNo
Farmhouse or plantationNo

How do you check non-agricultural status?

Ask for the conversion order or the land record showing non-agricultural use, and verify it with the revenue authority, not from a photocopy. In some states the process for conversion has changed recently, so a lawyer should confirm what proof applies in that state. Land still shown as agricultural cannot be bought by an NRI.

Layout and building approvals

  • Layout approved by the planning authority.
  • Roads, open spaces and plot boundaries as per the layout.
  • Confirmation that building permission can be obtained for the plot.
  • No reservation of the plot for public purposes in the development plan.

NRI open plot purchase: payments and loans

Pay through NRE, FCNR or NRO accounts. Some banks offer plot loans to NRIs, often with a condition to build within a set period. See funding a purchase.

Mistakes NRI plot buyers make

  • Buying in a layout sold as approved without checking the approval number with the planning authority.
  • Relying on a promise that conversion is pending.
  • Not checking whether the plot is reserved for a road or public use in the development plan.
  • Leaving a vacant plot unfenced and unvisited for years, which invites encroachment.

Plot from an individual or from a developer layout?

Buying from an individual means checking the full title chain and the conversion of that specific survey number. Buying in a developer's layout means also checking the developer's title to the whole layout, the layout approval and whether common facilities are handed over. In both cases, ask for the approval documents, not just the sale brochure.

Building on the plot

Before buying, confirm that building permission can be obtained for what you plan, including the permitted floor area and setbacks. Some plot loans require construction to start within a set period, so check the timeline against your plans.

Before you buy a plot

Get a title search over thirty years and check encumbrances. For farmland questions, see can NRI purchase land in India and farmhouses and farm plots.

Adv. Swanand Pandit
Adv. Swanand Pandit

Founder and Managing Partner, VIVS Legal. BLS, LL.B, LL.M, PGDBM, JAIIB.

More about Swanand Pandit: swanandpandit.com

FAQ

Frequently Asked Questions

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Speak with our legal team about your matter with clarity and confidence.

Yes, if it is non-agricultural and in an approved layout.

No. The land must already be non-agricultural at the time of purchase.

Some lenders offer plot loans to NRIs, often requiring construction within a set time.

No, for non-agricultural land.

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