Can US citizens own property in India?

NRIs can get lot of advantages and opportunities to invest in property in India without much hassle.

Primary requirements for NRI Property Investments in India

  • To invest in any property in India, an NRI should possess an Indian passport.
  • An NRI doesn't need to take permission from the RBI to invest, transfer, dispose or be gifted with a property.
  • If an NRI has a foreign passport, he/she can also acquire, transfer, dispose or inherit a property given that it is only for residential purposes.
  • An NRI can inherit, receive a gift, or invest in any number of immovable residential and commercial properties in India.
  • An NRI can neither invest nor obtain an agricultural land, a plantation land or farmhouse as a gift.
  • If the NRI had invested in an agricultural land, a plantation land or farmhouse before he/she was an NRI, he/she can sell the property but only to a resident of India.
  • An NRI can transfer or gift an immovable property to a resident Indian or another NRI.
  • Before acquiring a property in India, an NRI should meet all the requirements and conditions of both the Income Tax Act, 1961 and FEMA.
  • An NRI must possess all the relevant documents such as a PAN Card (Permanent Account Number), OCI/PIO card if any, valid Indian passport, proof of address, passport size photographs to buy any estate.
  • An NRI can repatriate the sale proceeds and rental income to a foreign account of his/her choice after the deduction of the Income Tax, and the Capital Gains if he/she has bought the property through the NRE Account.
  • The citizens of Pakistan, Afghanistan, Bangladesh, Iran, Sri Lanka, China, Nepal or Bhutan cannot procure or transfer property in India without taking permission from the Reserve Bank of India.

Read More: Buying Property in India? - Property lawyers in India


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