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Can an NRI buy property in India without visiting?

Can an NRI buy property in India without visiting? Yes. With a specific power of attorney, an independent title check and payments through your NRI accounts, the whole purchase can be completed without travelling. The risk lies in the power of attorney and in not seeing the property, so both need safeguards.

Adv. Swanand PanditUpdated 2 min readNRI Legal Services
+91 8291849797
NRI completing a remote property purchase in India using Power of Attorney
Key takeaways
  • A specific power of attorney lets someone in India sign and register for you.
  • Get an independent title search and site verification before paying.
  • NRIs need a PAN; Aadhaar is not required.
  • If the seller is an NRI, you must deduct tax at source and need a TAN.
On this page
  1. Can NRI buy property in India without visiting: the steps
  2. Specific power of attorney for property purchase
  3. Can an NRI buy property without an Aadhaar card?
  4. Buying from an NRI seller
  5. Remote due diligence checklist
  6. After registration: what to do from abroad
  7. How can an NRI stay safe buying remotely?

Can NRI buy property in India without visiting: the steps

  1. Title search by a lawyer, with copies of records.
  2. Site verification by someone you trust, with photographs and a video call.
  3. Agreement reviewed by your lawyer.
  4. Specific power of attorney signed at the Indian mission or before a notary with apostille.
  5. Stamping of the power of attorney in India within three months.
  6. Payment from NRE, FCNR or NRO accounts.
  7. Registration by your attorney at the sub-registrar.
  8. Mutation of records into your name.

Specific power of attorney for property purchase

Limit it to one property and one transaction: sign the agreement and deed, pay from your account, and register. It should not allow the attorney to sell, mortgage or receive money in their own name. Revoke it once the purchase is complete.

Can an NRI buy property without an Aadhaar card?

Yes. NRIs are not required to have Aadhaar. A PAN is needed for the purchase and for tax purposes, along with passport and address proof.

Buying from an NRI seller

The buyer must deduct tax at source at the non-resident rate and deposit it, which requires a TAN. Missing this can make you liable for the tax. See TDS on sale by NRI.

Remote due diligence checklist

  • Certified copies of the title chain and land records, not photographs from the seller.
  • Encumbrance and CERSAI searches.
  • Approvals and occupancy certificate for built property.
  • RERA registration for new projects.
  • A recent video walk-through by someone you trust.

After registration: what to do from abroad

Collect the registered deed, apply for mutation in the municipal or land records, transfer the society membership if it is a flat, and set up property tax payments. Then revoke the power of attorney, or confirm it has ended, so it cannot be used again.

How can an NRI stay safe buying remotely?

  • Never pay a token before the title search.
  • Pay only to the seller's account, never in cash or to an agent.
  • Keep copies of every document signed under the power of attorney.
  • Ask for registered documents, not unregistered agreements.

See NRI buying property in India for the full process.

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.

Any trusted adult in India, often a relative. Limit the powers to the specific purchase.

Generally no; registration is done in person by you or your attorney at the sub-registrar's office.

No. A PAN is needed.

You can be held liable for the tax and interest. Get a TAN and deduct at source.

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