Can I buy / sell / inherit property?

Property rules for OCI and NRI buyers, sellers and inheritors

Direct answer. NRIs and OCIs can freely buy residential and commercial property in India. Agricultural land, plantation property and farmhouses cannot be purchased — they can only be acquired by inheritance, and even then with FEMA conditions on resale and remittance.

Who this applies to

If any of these sound like you.

NRIs and OCIs buying property in India
Sellers planning to remit sale proceeds abroad
Families dealing with inherited Indian property

The detail

What the rules actually say.

What you can buy

Residential and commercial property, paid for through normal banking channels (NRE / NRO / FCNR or inward remittance). Joint ownership with another NRI / OCI or a resident relative is permitted under standard FEMA rules.

What you cannot buy

Agricultural land, plantation property and farmhouses are off-limits for purchase by NRIs and OCIs. They can only be received by inheritance from a person who was eligible to hold them.

Selling and TDS

When an NRI / OCI sells Indian property, the buyer is required to deduct TDS at higher rates than for resident sellers. A Section 197 lower-deduction certificate is often the right tool to avoid over-withholding.

Repatriating sale proceeds

Sale proceeds normally route through NRO and follow the USD 1 million per year framework. Properties acquired in foreign currency on a repatriable basis can have proceeds repatriated more freely, capped at the original investment for up to two residential properties.

Common questions

Answered, candidly.

Can an OCI inherit agricultural land?: Yes, by inheritance from a person who was legally entitled to hold it. The OCI can hold and use it, but resale and repatriation of proceeds are restricted under FEMA.
Is the buyer's TDS rate really different for NRI sellers?: Yes. NRI / OCI sellers face TDS deducted on the sale price (not just the gain) at significantly higher rates, unless a lower-deduction order is in place before the sale.
Can I gift Indian property to my children abroad?: Yes, between close relatives, subject to FEMA reporting and stamp-duty rules. Cross-border gifts to non-relatives are taxable above the threshold.

Who should book now

Move before the transaction happens, not after.

If your situation involves money already moving, a sale already agreed, or a deadline already in your inbox, advisory only helps if it comes in early. Common situations we help with: