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Who is an NRI Buyer?

An NRI is an Indian national or Person of Indian Origin (PIO) staying outside of India for an indefinite period of time. The purpose of stay could be employment, vacation, or business.

What are PIOs?

PIO or Person of Indian Origin means an individual (excluding citizens of Pakistan, Bangladesh, Sri Lanka, China, Afghanistan, Iran, Nepal or Bhutan), who at any time held an Indian passport, or who himself/herself or either of his/her parents, or either or any of his/her grandparents were a citizen of India according to the Indian Constitution.

Do NRIs require any consent from regulatory bodies to buy property in India?

No, NRIs do not require any consent from any regulatory body to buy residential or commercial properties in India. However, NRIs cannot buy agricultural/ plantation land in India.

How many maximum properties can NRIs buy in India?

There is no limit to the number of properties that NRIs can purchase in India.

Can an NRI buy a property in India in partnership with someone else?

Yes, an NRI can buy a property in India in partnership with an Indian citizen/ NRI/ PIO. However, they cannot buy a property in partnership with any foreign citizen.

What are the modes of Payment for NRIs to purchase property in India?

>NRIs/ PIOs can purchase a property through funds remitted through normal banking channels or through his/ her NRE/ FCNR (B)/ NRO account.

How is income tax calculated for NRIs?

NAccording to the Income Tax Act, if any buyer (Indian resident or NRI) owns more than one property, then only one will be assumed as self-occupied. On other properties, income tax will be levied on the rental income (actual or deemed). Hence, if an NRI owns more than one global property, then income tax will belevied on the Indian property, on the rental income of the Indian property (irrespective of whether the property is rented out or not.)

How is capital gain tax applicable to NRIs?

An NRI has to pay capital gain tax on the profit made by selling a property. If a property is held for 3 years or less following the actual possession, then short-term capital gain tax is paid. The gain will be included in the total income & normal slab rates will be applied. However, if the property is held for more than 3 years, then long-term tax rates will be applicable. This will include 20% tax rates plus applicable cess.

Can proceeds of the sale of such properties remitted out of India?

According to RBI norms, if the property was acquired through remittance via normal banking channels/by debit to the NRE/FCNR (B) account, the amount that can be repatriated should not exceed the amount paid for the property. In case the property is being acquired through rupee sources, an NRI/PIO is permitted to remit an amount up to USD one million/ financial year out of the balances held in the NRO account.

Can NRIs avail Home Loans?

Just like Indian residents, NRIs can avail home loans. The eligibility depends on similar parameters such as qualification, current job profile, chances of continuing abroad during the loan period, etc.

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