Guide
NRI Guide to Buying Property in Delhi NCR: Rules, Taxes and Process
What NRIs may buy, how money must move, TDS at purchase and sale, section 197 lower-deduction certificates, repatriation limits, and exactly what a power of attorney needs to contain.
Key takeaways
- NRIs may buy residential and commercial property freely, but not agricultural land, plantations or farmhouses.
- Fund the purchase from an NRE account and keep every remittance certificate - repatriation depends on that paper trail.
- When an NRI sells, the buyer withholds TDS under section 195 on the full consideration; apply for a section 197 lower-deduction certificate four to six weeks ahead.
- Proceeds from up to two residential properties are repatriable; beyond that the NRO limit is one million US dollars a year with Forms 15CA and 15CB.
- Use a specific, consulate-executed power of attorney - a general POA is the most common cause of stalled NRI transactions.
Good to know
Frequently Asked Questions
Yes. Under FEMA an NRI or OCI cardholder may purchase residential and commercial property without special permission and with no limit on the number of properties. Agricultural land, plantation property and farmhouses cannot be purchased, only inherited or received as a gift from a resident relative.
The buyer must withhold tax under section 195 on the entire sale consideration at the applicable capital-gains rate plus surcharge and cess, not merely on the gain. Applying to the assessing officer for a lower or nil deduction certificate under section 197 before the transaction is the standard remedy and takes four to six weeks.
Yes, for up to two residential properties, provided the purchase complied with FEMA and the repatriated amount does not exceed the foreign exchange originally remitted. Beyond that, the NRO route allows up to one million US dollars per financial year with Form 15CA and a chartered accountant certificate in Form 15CB.
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