India

Who can buy property in India depends on citizenship and residence, under the Foreign Exchange Management Act (FEMA) and the RBI's 2018 regulations on immovable property. • Non-Resident Indians (Indian citizens living abroad) and Overseas Citizens of India (OCI cardholders) may buy residential and commercial property. They may NOT buy agricultural land, plantation property or farmhouses, but can receive them by inheritance. • Payment must come through normal banking channels: an inward remittance or money held in an NRE, FCNR(B) or NRO account. Traveller's cheques and foreign currency notes are not allowed. • A foreign national who is not of Indian origin and lives outside India generally cannot buy property in India. Exceptions include inheritance and leases of up to five years. • Citizens of some neighbouring countries need prior government/RBI permission even when resident in India. Check the current regulations for the list. What to ask a lawyer: whether your residence status counts as "resident" under FEMA, how you may later send sale proceeds abroad, and whether the land is classified as agricultural in state records. Researched 13 Oct 2026 from official sources. Not professionally reviewed.

• https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11248&Mode=0
• https://www.mea.gov.in/images/pdf/acquisition-and-transfer-of-immovable-property-in-india.pdf

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The main extra costs when buying in India: • Stamp duty and registration fee. Each state sets these rates; they are not national. Most of the listings on this site are in Kerala, where the Registration Department publishes a ready reckoner of current stamp duty and registration fees. Duty is usually charged on the higher of the agreed price and the government's fair value for the land. • Tax deducted at source (TDS) by the buyer. If the price and stamp-duty value are both less than ₹50 lakh, no TDS is needed. Otherwise the buyer must deduct 1% (section 194-IA) from the payment to a resident seller and pay it to the government. Agricultural land is excluded. If the seller is a Non-Resident Indian, a different rule (section 195) applies, usually with a higher deduction — get a tax adviser's help before paying. • GST may apply to under-construction property bought from a developer; it generally does not apply to completed resale homes. Confirm with a tax adviser. • Plan for legal fees, a title search, brokerage and loan fees too. We have not entered percentage figures for the calculator yet because the rates vary by state and document type. Use the calculator with your own figures from the state ready reckoner. Researched 13 Oct 2026 from official sources. Not professionally reviewed.

• https://registration.kerala.gov.in/en/stamp-duty-fees/
• https://www.incometaxindia.gov.in/w/tds-purchase-of-immovable-property
• https://www.incometaxindia.gov.in/documents/20117/43154/12-TDS-Obligation-for-Individual-PAN-based-TDS-provisions-on-194IA-and-Rent.pdf/f01fe8af-e592-f0f2-f27b-7c3094ba3aff?t=1762673072132&version=1.0

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Letting a property in India: • Write a tenancy agreement and register it where state law requires. The central government's Model Tenancy Act, 2021 is a template that states can adopt. It covers written agreements, security deposits, repairs, and Rent Authorities for disputes. Whether it applies depends on whether your state has adopted it. • Rental income is taxable in India. If the landlord is a Non-Resident Indian, the tenant may have to deduct tax at source before paying rent. Agree how this will work at the start. • Running costs: property tax to the local body (municipality or panchayat), association or maintenance charges for flats, repairs, insurance, and a management fee if an agent looks after the property. • Time without a tenant (vacancy) and late rent affect returns. In the calculator, enter your own estimates; we do not publish typical yields for India yet. Researched 13 Oct 2026 from official sources. Not professionally reviewed.

• https://www.mohua.gov.in/pdf/modeltenancyact2021.pdf
• https://www.incometaxindia.gov.in/documents/20117/43154/12-TDS-Obligation-for-Individual-PAN-based-TDS-provisions-on-194IA-and-Rent.pdf/f01fe8af-e592-f0f2-f27b-7c3094ba3aff?t=1762673072132&version=1.0

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Buying property in India does not give a right to live there. India has no residence-by-property-investment programme. • Indian citizens, including Non-Resident Indians, need no visa. • People of Indian origin with foreign citizenship can apply for an Overseas Citizen of India (OCI) card. It allows multiple-entry, lifelong visits and, under FEMA, the same property rights as Non-Resident Indians for residential and commercial property. • Other foreign nationals need a suitable visa, and their property rights depend on FEMA residence rules (see Ownership rules). Researched 13 Oct 2026 from official sources. Not professionally reviewed.

• https://ociservices.gov.in/
• https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11248&Mode=0

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Commercial and hospitality property: • Non-Resident Indians and OCI cardholders can buy commercial property such as shops, offices and hotel units on the same terms as residential property, but not agricultural or plantation land or farmhouses. • Foreign companies invest through India's Foreign Direct Investment (FDI) policy, not by buying property directly. Under the policy, investing in construction-development projects and in hotels and tourism is generally allowed. Pure "real estate business" (trading in land and buildings for profit) and building farmhouses are prohibited sectors. Conditions change through government press notes, so check the current consolidated FDI policy. • Hotels and resorts usually need state tourism, fire safety, pollution control and local licences, which buyers should check when doing due diligence. Researched 13 Oct 2026 from official sources. Not professionally reviewed.

• https://www.dpiit.gov.in/static/uploads/2025/07/6457fc2703ee6082366c4a958b6473a8.pdf
• https://www.dpiit.gov.in/static/uploads/2025/07/bdcb2c6eda1dbc1f7c29981e4c3fd428.pdf

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Checks to make before buying in India: • Title: trace ownership back over many years (often 30) through registered deeds. Get an Encumbrance Certificate from the Sub-Registrar to see mortgages and other registered charges. • Land records: confirm the land's classification and the records showing the seller's name (in Kerala, village office records and the thandaper/possession certificate). Paddy land and wetland may have extra restrictions. • New projects: projects above a certain size must be registered with the state Real Estate Regulatory Authority (RERA) under the Real Estate (Regulation and Development) Act, 2016. Check the registration number on the state RERA website (Kerala: K-RERA) before paying a deposit. RERA also limits how much a developer can take before signing an agreement for sale. • Approvals: building permit, approved plan, occupancy certificate, and association/no-objection letters for flats. • Payment: pay only by bank transfer from the correct account type (see Ownership rules), and register the sale deed. Researched 13 Oct 2026 from official sources. Not professionally reviewed.

• https://www.indiacode.nic.in/handle/123456789/2158?locale=en
• https://reraonline.kerala.gov.in/PDF/RERA%20Act,%202016.pdf
• https://registration.kerala.gov.in/en/stamp-duty-fees/

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Passing on property in India: • Which inheritance law applies depends on the person's religion and domicile. The Hindu Succession Act, 1956 covers Hindus, Sikhs, Jains and Buddhists. The Indian Succession Act, 1925 covers Christians, Parsis and others, and also contains the rules on wills and probate. Muslim personal law governs inheritance for Muslims. • A Non-Resident Indian or OCI cardholder can inherit any property in India, including agricultural land. However, inherited agricultural land, plantations and farmhouses can usually be transferred only to Indian residents. • A clear, properly witnessed will — and registering it — can make things much easier for your family. In some cities probate is required for certain wills. • Heirs abroad who later sell may send the money out of India within RBI limits, with documents showing the inheritance. Legacy Mode's checklist lists questions to take to a lawyer. This is not legal advice. Researched 13 Oct 2026 from official sources. Not professionally reviewed.

• https://www.indiacode.nic.in/handle/123456789/2385
• https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11248&Mode=0
• https://www.mea.gov.in/images/pdf/acquisition-and-transfer-of-immovable-property-in-india.pdf

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Who to involve when buying in India: • An advocate (property lawyer) enrolled with the State Bar Council, for the title search, agreements and registration. • A chartered accountant (member of ICAI) for TDS, capital gains, repatriation and double-tax treaty questions. • A RERA-registered real estate agent. Agents dealing in RERA-registered projects must themselves be registered with the state RERA. • A licensed surveyor for boundaries and land measurement, and a structural engineer for older buildings. PremiumProperty4U has not yet verified any professionals in India. Use the due-diligence request form to register interest; we will show a professional as verified only after checking their credentials. Researched 13 Oct 2026. Not professionally reviewed.

• https://reraonline.kerala.gov.in/PDF/RERA%20Act,%202016.pdf
• https://www.icai.org/

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