FEMA Guidelines NRIs Should Know Before Investing in Indian Real Estate

For many Non-Resident Indians (NRIs), investing in Indian real estate is both an emotional decision and a strategic financial move. Whether it’s buying a home for future use, securing a long-term asset, or staying connected to India, real estate continues to be a preferred investment choice. However, property transactions by NRIs are governed by the Foreign Exchange Management Act (FEMA), and understanding these rules is essential to ensure a smooth, compliant, and stress-free experience.

FEMA lays down clear guidelines on what types of property NRIs can buy, how payments must be made, and how sale proceeds can be repatriated. Being aware of these regulations helps avoid legal issues, transaction delays, and complications at the time of resale or fund transfer.

Types of Property NRIs Can Purchase

Under FEMA, NRIs and Overseas Citizens of India (OCIs) are permitted to purchase residential and commercial properties in India without prior approval from the Reserve Bank of India (RBI). There is no restriction on the number of residential or commercial properties that an NRI or OCI can own.

However, FEMA strictly prohibits NRIs from purchasing agricultural land, plantation land, or farmhouses in India. These properties may only be held if they are inherited or received as a gift from a resident Indian. Any direct purchase of such restricted property by an NRI would be considered a violation of FEMA regulations.

Understanding this distinction is critical before entering into any agreement or completing a property transaction.

Payment and Funding Rules

All property-related payments must be made through authorized banking channels. FEMA allows property purchases using:

• Inward remittances from abroad
• Funds from Non-Resident External (NRE) accounts
• Funds from Foreign Currency Non-Resident (FCNR) accounts
• Funds from Non-Resident Ordinary (NRO) accounts

Payments made in cash, through traveller’s cheques, or via informal transfer mechanisms are not permitted. Using proper banking channels ensures transparency, traceability of funds, and compliance with RBI and tax regulations.

If a person purchased property while residing in India and later became an NRI, the ownership remains valid. However, any future sale or repatriation of funds must comply with FEMA rules applicable to NRIs.

Joint Ownership and Record Keeping

NRIs are allowed to own property jointly with other NRIs, OCIs, or resident Indians. In joint ownership cases, each co-owner’s contribution must comply with FEMA regulations.

Maintaining proper documentation is crucial. Key records include:

• Sale agreement and registered sale deed
• Proof of inward remittance or bank transfers
• Tax payment receipts and compliance certificates

These documents are essential at the time of resale or repatriation, as authorized dealer banks will verify FEMA compliance before allowing outward remittance of funds.

Repatriation of Sale Proceeds

One of the most important considerations for NRIs is the repatriation of funds after selling property in India. FEMA permits repatriation subject to certain conditions.

NRIs can repatriate sale proceeds for up to two residential properties, provided the property was purchased using funds remitted from abroad or from NRE or FCNR accounts. For funds held in an NRO account, repatriation is capped at USD 1 million per financial year, inclusive of other eligible transfers.

To repatriate funds, NRIs must submit documents such as the sale deed, proof of the source of purchase funds, and a chartered accountant’s certificate confirming that all applicable taxes have been paid.

Taxation on Sale of Property

When an NRI sells property in India, Tax Deducted at Source (TDS) and capital gains tax apply. The buyer is responsible for deducting TDS at the time of purchase, but the NRI must ensure that the correct tax has been deducted and reported. Clearing all tax liabilities is mandatory before repatriating funds abroad.

Why Professional Guidance Matters

Given the regulatory and tax complexities involved, NRIs are advised to work closely with authorized dealer banks, experienced property lawyers, and chartered accountants. For under-construction properties, verifying that the project is registered under RERA and has all necessary approvals provides additional protection.

Conclusion

FEMA guidelines are designed to create a transparent and secure framework for NRI property investments in India. By understanding what can be purchased, using authorized payment channels, maintaining proper documentation, and planning ahead for taxation and repatriation, NRIs can invest with confidence.

Indian real estate continues to offer a strong combination of emotional connection, long-term stability, and growth potential. With the right awareness and compliance, it can be a rewarding and hassle-free investment journey for NRIs.

Invest smartly in Indian real estate with Atharv Lifestyle. Contact us today for FEMA-compliant properties and complete end-to-end assistance.