NRI property buying checklist
Tick through what to check before you buy property in India from abroad: what NRIs and OCI holders can buy under FEMA, how payment must be made, and the title and RERA checks. You can send your unticked items to an advocate at the end. Rules are checked for November 2026.
This is general information, not legal advice for your situation. What you type stays in your browser unless you choose to send it to an advocate.
Your checklist
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Can you buy this property?
How you will pay
Title and papers
RERA, for a new or under-construction project
Tax and registration
What the rules say
What NRIs and OCI holders can and cannot buy
RBI’s Master Direction, under the Non-debt Instruments Rules, 2019, lets an NRI or OCI holder buy any immovable property in India other than agricultural land, plantation property or a farm house. They can inherit such property, and they can sell or gift agricultural land only to a person resident in India. The seller of a flat or plot can be a resident, an NRI or an OCI. Citizens of certain listed countries need RBI’s prior permission, though this does not apply to OCI holders.
You can read more on our pages about OCI holders buying property and NRIs and agricultural land.
RERA
Section 3 of the Real Estate (Regulation and Development) Act, 2016 requires a real estate project to be registered, with exceptions such as projects of up to 500 square metres or eight apartments, inclusive of all phases. Section 13 stops a promoter taking more than 10% of the cost without a registered agreement for sale. Section 14(3) makes the promoter responsible for structural and certain other defects reported within five years of possession. In Maharashtra, search registered projects on the MahaRERA website.
Getting help
A title search is the check most buyers cannot do from abroad. Our property title search page explains what is involved. If you will not be in India to sign, see the power of attorney maker and how to sign it abroad. Keep your payment records, since they matter if you later use the route for sending sale money abroad. You can also book a call through the advocate check form above.
Common questions
What property can an NRI or OCI holder buy in India?
Under RBI rules, an NRI or OCI holder can buy any immovable property in India other than agricultural land, a farm house or plantation property. They can buy from a resident, an NRI or an OCI. They may also receive such property as a gift from a relative, or by inheritance.
Can an NRI buy agricultural land or a farm house in India?
No. RBI rules exclude agricultural land, plantation property and farm houses from what NRIs and OCI holders can buy or receive as a gift. They can inherit such property, and they can sell or gift agricultural land only to a person resident in India. Check land use and conversion papers before paying.
How must an NRI pay for property in India?
Payment must come through banking channels into India, or from your NRE, FCNR(B) or NRO accounts, and is subject to taxes and duties. RBI says payment cannot be made by traveller’s cheque or foreign currency notes. Keep bank records, since they matter if you later send sale money back abroad.
What RERA checks should I make before buying a flat?
Check that the project is registered on the state RERA website, unless it is below the threshold or otherwise exempt. A promoter cannot take more than 10 per cent of the cost before a registered agreement for sale. Read the plans, the completion date and the registration details on the portal, and keep copies.
Do I deduct TDS as an NRI buying property in India?
Yes. If the seller is a resident, the buyer deducts 1 per cent when the consideration is Rs 50 lakh or more, under Section 393(1). If the seller is a non-resident, Section 393(2) applies, and the amount is higher. The PAN-only route from October 2026 applies only to resident buyers.
Does an OCI holder need RBI permission to buy a flat in India?
Not for an ordinary purchase. Under RBI rules, an OCI holder can buy any immovable property other than agricultural land, a farm house or plantation property, through banking channels. The separate restriction for citizens of listed countries does not apply to OCI holders. Your bank and advocate can confirm the paperwork for your purchase.
- Master Direction, Acquisition or Transfer of Immovable Property, updated 1 September 2022, Reserve Bank of India
- FAQs, Purchase of Immovable Property, updated 6 April 2023, Reserve Bank of India
- Real Estate (Regulation and Development) Act, 2016, Sections 3, 13 and 14, MahaRERA
- MahaRERA registered project search
- Form 141 user manual (Schedules B and E), e-Filing portal
- TDS on purchase of immovable property, Section 393(1), TDSMan blog, May 2026