NRI Real Estate FAQs

Clear Answers for NRI Property Buyers in India

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Can NRIs buy property in India?

Yes, Non-Resident Indians (NRIs) are permitted to invest in immovable property in India, excluding agricultural land, farmhouses, and plantation property, as per the Foreign Exchange Management Act (FEMA) regulations.

What types of properties can NRIs purchase in India?

NRIs can purchase residential properties (apartments, houses, villas), commercial properties (shops, offices), and industrial properties.

Are there any restrictions on the number of properties an NRI can buy in India?

There is no specific limit on the number of residential or commercial properties an NRI can purchase in India.

How can an NRI make payments for property purchased in India?

Payments must be made through normal banking channels using funds held in Non-Resident External (NRE) accounts, Non-Resident Ordinary (NRO) accounts, or funds remitted from abroad. Payments in Indian Rupees by cash are not allowed.

Can I use funds from my Foreign Currency Non-Resident (Bank) [FCNR(B)] account to buy property in India?

Yes, funds held in your FCNR(B) account can be used for property purchases in India.

What is the role of the Real Estate (Regulation and Development) Act (RERA) for NRI buyers?

RERA provides transparency, accountability, and a grievance redressal mechanism for all homebuyers, including NRIs. It ensures projects are registered, developers adhere to timelines, and buyers’ interests are protected. You can find RERA-registered projects in Gurgaon on the Haryana RERA website.

What is the definition of an NRI for the purpose of buying property in India?

As per FEMA, a Non-Resident Indian (NRI) is a person resident outside India who is a citizen of India or a person of Indian origin (PIO). A Person of Indian Origin (PIO) is now merged with Overseas Citizen of India (OCI) category.

Can Overseas Citizens of India (OCIs) buy property in India?

Yes, OCIs have similar rights to NRIs in purchasing immovable property in India, excluding agricultural land, farmhouse, and plantation property.

Can a foreign national of non-Indian origin buy property in India?

Generally, foreign nationals of non-Indian origin who are not OCIs need prior approval from the Reserve Bank of India (RBI) to purchase immovable property in India, and there are restrictions.

Why is Gurgaon considered a good investment destination for NRIs?

Gurgaon offers strategic location and connectivity to Delhi and the airport, a thriving economic and commercial hub, modern infrastructure and amenities, high rental demand, diverse property options, and strong future growth potential.

How can Aeris Realty assist NRIs looking to buy property in Gurgaon?

Aeris Realty provides personalized consultation, curated property listings of RERA-approved projects in Gurgaon, facilitates virtual and physical tours, assists with legal and documentation processes, offers negotiation support, and provides property management services.

Popular areas include Golf Course Road, Golf Course Extension Road, Sohna Road, New Gurgaon (sectors along NH-48), and areas along the Dwarka Expressway, offering a range of property types and price points.

What is the typical rental yield for residential properties in Gurgaon?

Rental yields in Gurgaon can vary depending on the location, property type, and market conditions, but generally range from 2% to 5% annually. Premium properties in prime locations often command higher yields.

Are there any specific local regulations in Gurgaon that NRIs should be aware of?

While the primary regulations are governed by FEMA and central laws like RERA and Income Tax, staying updated on Haryana RERA regulations and local building bylaws is advisable. Aeris Realty can provide guidance on this.

What are the income tax implications for NRIs buying property in India?

Tax implications depend on the source of funds and whether you earn rental income or sell the property in the future. Capital gains tax (both short-term and long-term) and tax on rental income are applicable. Double Taxation Avoidance Agreements (DTAAs) may provide relief.

What is Long-Term Capital Gains (LTCG) tax on property sale for NRIs?

If a property is sold after being held for more than 24 months, the gains are considered LTCG and are currently taxed at 20% with indexation benefits.

Are there any ways to save on Long-Term Capital Gains (LTCG) tax when selling property in India?

Yes, under Sections 54 and 54F of the Income Tax Act, NRIs can claim exemptions on LTCG if the sale proceeds are reinvested in another residential property in India within a specified timeframe or in certain specified bonds.

Is Tax Deduction at Source (TDS) applicable when an NRI buys property in India?

As a buyer, you may be required to deduct TDS on payments made to the seller if the property value exceeds ₹50 lakh. Ensure you obtain the seller’s PAN.

How is rental income from property in India taxed for NRIs?

Rental income is taxable in India. NRIs can claim deductions for municipal taxes paid and a standard deduction of 30% of the net annual value. Interest paid on a home loan can also be deducted.

Can NRIs avail home loans in India to purchase property?

Yes, several banks in India offer home loans to NRIs. Eligibility criteria, interest rates, and repayment terms vary. Ensure compliance with FEMA regulations regarding borrowing.

What are the stamp duty and registration charges for property purchase in Gurgaon?

Stamp duty and registration charges are state-specific. In Haryana (Gurgaon), these are a percentage of the property’s market value. You need to pay these charges at the time of registration. Contact the local authorities or Aeris Realty for the latest rates.

Is Goods and Services Tax (GST) applicable to property purchases by NRIs in India?

GST may be applicable on under-construction properties. The rates and rules can change, so it’s essential to verify the applicability and the developer’s compliance.

Can an NRI authorize someone in India to act on their behalf for property purchase?

Yes, NRIs can execute a Power of Attorney (PoA) in favor of a resident Indian to handle property-related transactions on their behalf. The PoA needs to be registered.

What are the essential documents required for an NRI to buy property in India?

Key documents include:

  • Passport and Visa (if applicable)

  • PIO/OCI card (if applicable)

  • PAN card

  • Proof of NRI status (e.g., employment visa, tax residency certificate)

  • Bank statements (NRE/NRO/FCNR(B))

  • Address proof (overseas and Indian, if any)

  • Power of Attorney (if applicable)

Do I need to be physically present in India to buy property?

While physical presence can be beneficial for site visits and finalization, you can authorize someone through a Power of Attorney to handle the registration and other formalities on your behalf. However, for certain processes like KYC with banks, your physical presence might be required.

How can I conduct due diligence on a property and the developer in Gurgaon while being an NRI?

You can:

  • Engage a reputable real estate agent like Aeris Realty to assist with initial checks.

  • Hire a local lawyer specializing in property law to verify the title and approvals.

  • Check the Haryana RERA website for project registration details and developer information.

  • Request all relevant documents from the developer and have them reviewed by your lawyer.

  • Consider virtual site visits and independent property valuation.

What is the process of property registration in Gurgaon?

The process involves preparing the sale deed, paying stamp duty and registration charges, and appearing before the Sub-Registrar of Assurances in Gurgaon (or authorizing someone with a PoA) along with the necessary documents for registration.

Can an NRI rent out their property in Gurgaon?

Yes, NRIs can freely rent out their legally acquired properties in India. The rental income is subject to income tax in India.

Can an NRI repatriate the sale proceeds of a property sold in India?

Yes, repatriation is permitted subject to FEMA regulations. For properties purchased with foreign funds, the amount repatriated cannot exceed the original purchase price in foreign currency and is limited to a maximum of two residential properties, held for at least ten years. For properties bought from NRO accounts, repatriation is capped at USD one million per financial year (including capital gains), after paying applicable taxes.

What are the conditions for repatriating rental income from India?

Rental income earned by NRIs in India can generally be repatriated after payment of applicable taxes. There are usually no specific restrictions on the amount of rental income that can be repatriated, provided tax obligations are met.

What are the typical property management services available for NRIs in Gurgaon?

Services include tenant sourcing, rent collection, property maintenance, handling legal and administrative issues, and regular property inspections. Aeris Realty offers professional property management services.

How can I verify the authenticity of property documents from overseas?

You can engage a reputable lawyer in Gurgaon who specializes in property law and is experienced in handling NRI transactions. They can conduct thorough due diligence, including verifying the chain of title, land records, and approvals with the relevant authorities. Consider online land record portals in Haryana (if available and reliable) and seek independent verification.

What should I look for in a RERA-registered project in Gurgaon?

Verify the project’s registration number on the Haryana RERA website. Check the approved plans, sanctioned layouts, construction timelines, and the developer’s track record. Review the quarterly progress reports uploaded by the developer on the RERA portal.

Luxury apartments and villas in gated communities with modern amenities, properties in close proximity to business hubs and international schools, and investment properties with high rental potential are often favored by NRIs.

Should I consider investing in under-construction or ready-to-move-in properties in Gurgaon? What are the pros and cons for an NRI?
  • Under-Construction: Potentially lower initial cost, possibility of customization. Cons: Risk of delays, potential changes in plans, GST applicability.

  • Ready-to-Move-In: Immediate possession, no construction risk, easier to assess the final product. Cons: Higher initial cost, limited customization options. NRIs often prefer ready-to-move-in properties for ease of renting out or immediate use upon visits.

What are the common hidden costs associated with buying property in Gurgaon that NRIs should be aware of?

These can include:

  • Maintenance charges

  • Parking fees

  • Club membership charges

  • Electricity and water connection charges

  • Property tax

  • Brokerage fees (if applicable)

  • Interior design and furnishing costs Factor these into your overall budget.

How can I assess the potential for appreciation of a property in a specific area of Gurgaon?

Research past property price trends in the locality, analyze the ongoing and planned infrastructure development, assess the proximity to commercial hubs and social amenities, and consult with local real estate experts like Aeris Realty for market insights.

What are the options for managing my property in Gurgaon while I am residing abroad?

You can:

  • Appoint a professional property management company (like Aeris Realty) to handle tenant sourcing, rent collection, maintenance, and other related tasks.

  • Entrust a trusted relative or friend residing in Gurgaon. However, this may come with its own set of challenges.

How can I ensure the security and maintenance of my property in Gurgaon when I am not there?

Opt for properties in gated communities with security features. Hire a reliable property management service that includes regular inspections and maintenance. Consider installing security systems like CCTV cameras that you can monitor remotely.

What are the typical lease agreements and tenant verification processes followed in Gurgaon?

Lease agreements usually outline the rent, security deposit, duration, and terms and conditions. Thorough tenant verification, including background checks, is crucial. Property management companies typically handle this process.

What is the difference between freehold and leasehold property, and which is better for an NRI investor in Gurgaon?

 

  • Freehold: You own the property and the land indefinitely. Generally preferred for long-term investment and ownership.

  • Leasehold: You own the property for a specific period (lease), after which the ownership reverts to the landowner. Less common for residential properties but can exist for certain developments. Freehold is generally considered more secure and offers better long-term value for NRIs.

What are the implications of inheriting property in India as an NRI?

Inheritance of property by an NRI is generally permitted. However, it is subject to Indian inheritance laws and may involve legal procedures like obtaining a succession certificate or probate of a will. Tax implications may also arise.

Can an NRI gift property in India to a resident Indian or another NRI? What are the tax implications?

Yes, an NRI can gift property in India. However, there may be gift tax implications for the recipient, depending on the relationship and the value of the property. Seek legal and tax advice for specific cases.

What are the regulations regarding the transfer of property by an NRI?

The transfer of property by an NRI (sale or gift) is governed by FEMA regulations and income tax laws. Ensure all transactions are conducted through proper banking channels and tax obligations are met.

Are there any restrictions on NRIs giving property on rent to foreign nationals residing in India?

Generally, there are no specific restrictions, but it’s advisable to have a proper lease agreement and ensure tenant verification is done. Local laws regarding the registration of tenants may apply.

What documents are required for repatriating the sale proceeds of a property purchased with foreign funds?

Typically, you would need:

  • Original purchase documents

  • Sale deed

  • Proof of funds remitted from abroad (bank statements, FIRC)

  • Tax clearance certificate from the Income Tax Department

  • Repatriation application to the authorized dealer (bank)

What is the process for obtaining tax clearance for repatriation of sale proceeds?

You need to apply to the Income Tax Department with the necessary details of the property transaction and the capital gains. They will assess the tax liability and issue a tax clearance certificate if all dues are cleared.

Are there any limits on the frequency of repatriation of funds from the sale of property?

While the overall limit for repatriation of sale proceeds (from foreign funds) is tied to a maximum of two properties and the original investment, there are usually no strict limits on the frequency, as long as each repatriation complies with the regulations. For NRO account-funded properties, the USD 1 million annual limit applies cumulatively.

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