Real estate for NRIs in India: FEMA, repatriation and tax

NRI and OCI investment in Indian real estate has grown ~35% since 2021. The rules are unchanged, just poorly understood.

What NRIs can buy

Residential and commercial: yes, unlimited. Agricultural land, plantation and farmhouse property: no (can only inherit, not purchase).

Repatriation limits

Up to USD 1 million per financial year from an NRO account (sale proceeds). Funds originally remitted through NRE route are fully repatriable.

TDS on sale by NRI

Buyer deducts 20% TDS on long-term capital gains (property held > 24 months). The NRI can apply for a lower-deduction certificate from the AO to cut this.

Tax on rental income

Taxed at slab rate; 30% standard deduction available. TDS deducted by tenant at 30% (plus cess).

Safety checklist for everyone in this deal

A property transaction in India touches a lot of hands. Here's what each party should insist on before money moves.

Buyers

• Verify title through a 30-year EC (Encumbrance Certificate) and cross-check the mother deed.
• Confirm RERA registration (where applicable) — the RERA number should match the one on the state RERA website.
• Never transfer a token amount on WhatsApp alone; insist on a receipt and a simple written agreement.
• Walk the property in person. Photo-only deals are a common vector for listing fraud.

Sellers

• Keep originals in a locker. Only ever share certified copies with prospective buyers.
• Insist on payment via cheque / NEFT / RTGS — avoid cash-heavy deals, especially above ₹2 lakh (20,000 cash cap for each leg under Section 269ST).
• Never hand over vacant possession until the sale deed is registered and the registration receipt is in your hand.

Agents, agencies and brokers

• Register under the state RERA (where brokering RERA-covered projects) and display your registration number on listings.
• Keep a written, dated engagement letter with the client covering brokerage %, exclusivity and a cancellation clause.
• Do a KYC on both sides before the first site visit — PAN + Aadhaar, photo ID match — and hold a copy on file.
• Never pocket earnest money directly; let it flow buyer ↔ seller and invoice the brokerage separately.

Owners

• Update your property tax every year — BBMP / MCD / BMC arrears follow the property and surface at sale time.
• On rental, include a 2–3-month notice period, a detailed inventory with photos, and a clause on painting + deep-cleaning at exit.
• Pay the rental TDS if you're a tenant paying over ₹50,000/month (Section 194-IB). Owners should chase the Form 16C from their tenant.

Final tip: when in doubt, walk away. The best real-estate deals are the ones you don't rush.