NRI Property Consultation with RERA Consultants

NRI property rules can feel complicated when you are not in India every day. This FAQ brings together short, plain‑English answers to the questions NRIs ask most often about what they can buy, how tax and TDS work, what documents matter, and when to involve professionals.

General Questions

Q1. What property can an NRI buy in India?

An NRI (a person resident outside India who is a citizen of India) can generally buy residential and commercial property in India. However, agricultural land, plantation property and farmhouses are restricted categories and usually cannot be purchased under the normal NRI route.

Q2. Do NRIs need RBI approval to buy residential or commercial property?

In most straightforward cases, NRIs and OCIs do not need prior RBI approval to acquire residential or commercial property in India under the general permission framework. RBI‑linked guidance also notes that an NRI/OCI who buys such property under general permission is not required to file separate acquisition documents with RBI for that transaction.

Q3. Can an NRI sell property in India?

Yes. NRIs can generally sell residential and commercial property in India, as long as the transaction is legally valid and tax‑compliant. In practice, NRI sales require extra care around TDS, capital‑gains computation, remittance planning, title documents and how the sale is executed from abroad (often using power of attorney).

Q4. Can an NRI take a home loan in India?

Yes. Indian banks actively offer NRI home‑loan products, including large lenders such as SBI and HSBC that publicly market dedicated NRI offerings. This means many NRI buyers are not limited to all‑cash purchases and can structure acquisitions using eligible financing, provided they meet the lender’s criteria and the property type is acceptable.

Q5. What is TDS on NRI property sale and why is it important?

TDS (Tax Deducted at Source) is tax that the buyer may have to deduct before paying the NRI seller, under the rules for payments to non‑residents. It is important because incorrect TDS can disrupt cash flow, delay repatriation and force the NRI to deal with refunds or additional payments later, even if the sale itself went smoothly.

Q6. What are Form 15CA and Form 15CB?

The Income Tax Department explains that Form 15CA is part of the reporting process for remittances to non‑residents, and must be filed in specified cases before sending money abroad. Form 15CB is a certificate issued by a Chartered Accountant, required in certain situations when the remittance is taxable and exceeds Rs 5 lakh during a financial year, or in other specified cases.

Q7. Is Form 15CB always required for remittances?

No. Form 15CB is not mandatory for every remittance. Whether it is needed depends on the nature of the payment, whether it is taxable, and the amount involved, so NRIs should check this with their CA or bank before remitting sale proceeds abroad.

Q8. Why do NRIs often face delays in remitting sale proceeds abroad?

Many NRIs treat the registered sale deed as the final step and only think about remittance afterwards. Banks may then ask for TDS details, capital‑gains workings, tax returns, Form 15CA and, where required, Form 15CB, and if these are not ready, remittance can be delayed for weeks or months even though the buyer has already paid.

Q9. How important is clean title and updated documentation for NRIs?

Very important. Even when location is good, unclear title or outdated records can make a property hard to sell, exchange, finance or repatriate from. Clean title, aligned municipal/society records and proper succession or PoA documents help avoid disputes and speed up future transactions.

Q10. Can I manage everything through family or informal contacts instead of using professionals?

Family members and informal contacts can be very helpful, but relying only on them can be risky. Complex tasks such as title verification, RERA checks, tax coordination, TDS handling, remittance paperwork and negotiation often benefit from a professional India‑based advisor working alongside your CA and lawyer, especially when you are abroad.

Q11. Do I really need a professional property advisor in India as an NRI?

A professional advisor is not legally mandatory, but is increasingly recommended for NRIs because property decisions cross legal, tax, RERA and practical management boundaries. A good India‑based team can coordinate site checks, documents, RERA compliance, bank interactions and post‑transaction follow‑up, reducing the risk of costly mistakes when you are not on the ground.

If I have more questions, what should I do?

Use this FAQ as a starting point, then: