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NRI Property Buying Guide India 2026 — FEMA, TDS & Repatriation

NRIs buying property in India navigate a different ruleset — higher TDS (22.88% when seller is NRI, not 1%), FEMA restrictions on repatriation, and loan rates 1–1.5% above resident rates. This guide covers every rule — with 2026 numbers.

What property can NRIs buy in India?

NRI Property Purchase Eligibility

Property typeNRI/OCI eligible?Restrictions
Residential apartment / flatYes — unlimitedNo RBI approval needed
Independent house / villaYes — unlimitedNo RBI approval needed
Commercial property (office, shop)Yes — unlimitedNo RBI approval needed
Agricultural landNo (purchase)Can INHERIT, cannot BUY
Plantation propertyNo (purchase)RBI permission required to buy
FarmhouseNo (purchase)RBI permission required to buy

TDS comparison — buying from resident vs NRI seller

TDS Rates — NRI vs Resident Seller

Seller typeTDS rateFormNotes
Resident Indian — property >₹50L1% of sale priceForm 26QBStandard Section 194-IA
NRI seller — LTCG (held >2 years)~22.88% (20% + surcharge + cess)Form 27QSection 195
NRI seller — STCG (held ≤2 years)Slab rate + cess (up to ~34%)Form 27QSection 195
NRI seller with Lower Ded. CertificateRate specified in certificateForm 27QApply via Form 13 — significant savings

NRI seller TDS — the most missed obligation

If you buy a ₹1 crore flat from an NRI seller without their Lower Deduction Certificate, you must deduct ₹22.88 lakh in TDS and pay only ₹77.12 lakh to the seller. If you don't deduct TDS, you are liable for the full TDS amount plus interest and penalty. Ask every seller for their PAN and residency status before signing.

Repatriation of sale proceeds

NRI Property Repatriation Rules

ScenarioRepatriation limitRequirements
NRE account purchase, any amountFull amount freely repatriableNo Form 15CA/CB needed
NRO account purchaseUSD 1M/year limitForm 15CA/15CB from CA required
Mix of NRE + NRONRE portion free; NRO portion limitedSeparate accounting needed
After paying capital gains taxBalance after tax can be repatriatedTax clearance needed
By RealCost Editorial TeamReviewed by RealCost Editorial TeamLast updated September 21, 2026 with September 2026 data

RBI regulates an NRI property purchase on two axes this guide's tables don't fully spell out: how you're allowed to pay (only through NRE/FCNR(B)/NRO banking channels, never cash or a traveller's cheque), and how much you can send back out (capped at one million US dollars per financial year, and to no more than two residential properties' worth of sale proceeds). Whether you count as an NRI, a PIO or an OCI cardholder changes which of RBI's rules apply to you — and the financing rule that caps how much a bank can lend against the property is the same rule that applies to a resident buyer, not a separate NRI-only ceiling.

NRI, PIO, OCI — three different definitions RBI uses

RBI's own FAQ defines the terms this guide's eligibility table assumes you already know: "A 'Non-resident Indian' (NRI) is a person resident outside India who is a citizen of India". A PIO (Person of Indian Origin) is a citizen of another country — excluding Bangladesh and Pakistan — who was a former Indian citizen, or belonged to a territory that became part of India after 15 August 1947, or is a descendant or spouse of such a person. An OCI (Overseas Citizen of India) cardholder resident outside India is folded into the PIO category for the purposes of this FAQ. The distinction matters in practice mainly for documentation: an OCI card or the specific lineage proof a PIO claim requires is what a bank or registrar will ask for, not just a foreign passport.

How you're allowed to pay — banking channels only

RBI's rules on immovable property purchase by NRIs are specific about the payment method, not just the amount: "Payment for immovable property has to be received in India through banking channels...NRE/FCNR(B)/NRO accounts", and explicitly not by traveller's cheque or foreign currency notes. RBI's separate Master Circular on acquisition of immovable property by NRIs restates the same requirement in its own words: funds must come "through normal banking channels by way of inward remittance from any place outside India or by debit to his NRE / FCNR(B) / NRO account". A cash payment, however small a portion of the total price, is outside RBI's permitted payment channels for an NRI buyer — this is a compliance issue independent of TDS, stamp duty, or any of the other costs this guide's tables cover.

Repatriating sale proceeds — the caps the existing table doesn't state

The repatriation table above states the one-million-per-year limit correctly, but RBI's rule carries a second cap this guide doesn't mention: repatriation of sale proceeds is restricted to "not more than two such properties" — RBI's Master Circular on immovable property confirms the same figure independently, capping remittance of inherited/legacy sale proceeds at capping remittance of such proceeds at one million US dollars per financial year. An NRI who has sold three or more residential properties in India cannot repatriate the proceeds of the third and beyond under this route, regardless of how far under the yearly ceiling they are — the two-property limit and the yearly ceiling are separate constraints, and both must be satisfied.

Which residency test decides whether you're taxed as an NRI at all

Before any of the TDS or capital-gains treatment in this guide's tables applies to you, you need to actually meet the non-resident test for the assessment year in question — it isn't a permanent label. The Income Tax Department's own AY 2026-27 guidance states the general residency test as presence in India of "fewer than 182 days in India during the financial year, or fewer than 60 days (with certain exceptions for citizens earning over ₹15 lakh)". An Indian citizen who spends more time in India in a given year than that test allows may file as a resident for that year even while holding NRI status for banking and property purposes — the same person can be a resident for one financial year's tax return and file the following year's as a non-resident, depending on their actual days in the country. The same guidance is explicit that NRIs are taxed under the same general individual slab structure as residents — there is no separate NRI-specific income tax rate table; what changes for an NRI is the residency test itself and the TDS mechanics on payments made to them, not a different underlying slab schedule.

Financing the purchase: the same LTV rule as any other buyer

An NRI home loan from an Indian bank is still a housing loan under RBI's general regulation, not a separate NRI product with its own LTV ceiling. RBI's Master Circular on housing finance sets the same loan-to-value bands for every borrower: up to 90% for loans up to ₹30 lakh, 80% up to ₹75 lakh, and 75% above that, with stamp duty and registration excluded from the property cost the LTV is measured against, except where the house costs ₹10 lakh or less. Nothing in RBI's published housing-finance rules carves out a different LTV ceiling for an NRI borrower specifically — a lender may apply its own tighter internal policy for NRI applicants, but that is bank policy, not an RBI-mandated NRI ceiling, and should be confirmed against the specific lender's own published NRI loan terms rather than assumed from the general circular.

Methodology

Definitions and payment-channel/repatriation rules are quoted directly from RBI's own FAQ and Master Circular text. The residency test and general slab-applicability statement are quoted from the Income Tax Department's AY 2026-27 guidance. LTV figures are the same RBI circular already cited elsewhere on this site. No TDS percentage or Section 195 mechanic beyond what is already stated is added here, since no registry source in this lane independently confirms the specific NRI-seller TDS rate.

Sources

  1. Reserve Bank of India — FAQs: Accounts in India by Non-residents (NRI/PIO/OCI definitions) — accessed 2026-09-21
  2. Reserve Bank of India — FAQs: Purchase of Immovable Property — accessed 2026-09-21
  3. Reserve Bank of India — Master Circular: Acquisition and Transfer of Immovable Property in India (NRIs/PIOs) — accessed 2026-09-21
  4. Income Tax Department — Non-Resident Individual for AY 2026-27 — accessed 2026-09-21
  5. Reserve Bank of India — Master Circular – Housing Finance (February 2022) — accessed 2026-09-21

Frequently asked questions

What property can NRIs buy in India?

NRIs (and OCI/PIO cardholders) can buy: Residential properties (apartments, villas, houses) — no restriction on number. Commercial properties (offices, shops, warehouses) — no restriction. NRIs CANNOT buy: Agricultural land, plantation property, or farmhouses without RBI permission. If an NRI inherits agricultural land, they can hold it but cannot purchase it.

What is the TDS rate when buying property from an NRI in India?

If the property seller is an NRI (Non-Resident Indian), the buyer must deduct TDS under Section 195 at: Long-Term Capital Gains (held >2 years): 20% + 10% surcharge (if applicable) + 4% HEC = approximately 22.88% effective rate. Short-Term Capital Gains (held ≤2 years): applicable income tax slab rate of the NRI seller. This is very different from the 1% TDS for resident sellers. The NRI seller can apply for a Lower Deduction Certificate (Form 13) from the Income Tax Department if their actual tax liability is less than 22.88%.

How does an NRI repatriate property sale proceeds to their home country?

NRI repatriation rules under FEMA: (1) Limit: USD 1 million per financial year from all sources (not just property). (2) Allowed repatriation: Amount originally invested in foreign currency + capital gains in proportion. (3) If purchased with NRE funds: full amount including profits can be repatriated freely. (4) If purchased with NRO funds (Indian rupee income): limited to USD 1M/year, requires Form 15CA/15CB from CA. (5) All capital gains taxes must be paid before repatriation. (6) Property must have been purchased through proper banking channels (no cash).

What documents does an NRI need to buy property in India?

Documents required for NRI property purchase: Valid Indian passport (OCI/PIO card if applicable). Overseas address proof (utility bill, bank statement abroad). Indian address proof for NRE/NRO account. PAN card (mandatory for registration and TDS). NRE or NRO bank account statement (last 6 months). If applying for home loan: last 2–3 years' income tax returns (foreign country), employment contract/letter, salary slips (last 3–6 months), and bank statements. Power of Attorney (notarized and apostilled) if not able to be present in India for signing.

Disclaimer: FEMA rules and tax rates for NRIs are complex and frequently updated. Consult a FEMA-specialist CA or lawyer before making investment decisions. This guide is for educational purposes only.

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