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NRI guide · updated 2026

Can an NRI buy land in India — and build a home from abroad?

In one paragraph

Yes. Under FEMA / the NDI Rules 2019, NRIs and OCIs can buy residential property and development-authority-allotted residential plots (like YEIDA plots) and build on them — but not agricultural land, farmhouses or plantations. Pay in INR through your NRE/NRO/FCNR account (no cash), use a Power of Attorney to sign remotely, and you're protected by RERA escrow on registered projects. Below: accounts, PoA, repatriation, TDS — in plain English. This is general information, not legal/tax advice — please consult your CA / FEMA advisor.

60-second check · FEMA-grounded

Can you buy from abroad? Run your own eligibility & POA-readiness check.

Answer four things and get a plain, FEMA-grounded reading: what you’re allowed to buy, which account the money may come from, how a Power of Attorney gets you there without a flight, and where your CA actually has to weigh in. It runs entirely in your browser — nothing you type is sent anywhere unless you choose to send it.

Client-side only. No passport, PAN or KYC is collected here — just the reading beside this.

Your personalised FEMA verdict and POA-readiness checklist appear here — the enabling answer first, with the primary source on every rule.

What an NRI/OCI can and cannot buy

Allowed (no prior RBI approval needed when paid through banking channels):

There is no cap on the number of properties you may buy.

Not allowed: agricultural land, farmhouses and plantation property. (You may only acquire these by inheritance, or as a gift from a resident Indian relative.)

YEIDA residential plots are classified as residential land within a government-authority scheme — the same permissible category as a flat or villa, not agricultural land. Eligible NRIs may apply under FEMA/RBI guidelines, with payment via NRE/NRO and OCI/passport documentation. Confirm your individual eligibility with a FEMA advisor.

NRE vs NRO vs FCNR — which account to use

All purchase and construction payments must be made in INR through banking channels — cash is not permitted.

Stage-wise construction payments are simply serviced from the same NRE/NRO account via NEFT/RTGS.

Power of Attorney — buying & building remotely

A Special Power of Attorney (SPoA) lets a trusted person in India sign documents, make payments and complete registration for that specific transaction. The authentication step depends on where you live:

Send the original (wet-ink) PoA by secure courier; in India it may need adjudication/stamping before use. Prefer a Special (not General) PoA limited to your transaction.

This is exactly how Vidastu's remote-build works: your representative signs under PoA while you approve designs and watch construction over WhatsApp video. See how plot + build works →

Repatriation — getting your money back out

Your authorised-dealer bank processes the transfer once documents are complete.

TDS & tax when you sell

Tax is fact-specific and changes with budgets. These rates are stated as statutory, as of 12 July 2026 (Income-tax Act, Sections 194-IA / 195 / 197; Income Tax Department, India) — always get an opinion from a qualified CA before transacting.

RERA — how your money is protected

For RERA-registered projects, the promoter must keep at least 70% of buyer funds in a project-specific escrow account (RERA Act, Section 4(2)(l)(D)), withdrawable only for that project's land and construction against verified completion. UP RERA also handles buyer complaints and delay compensation.

This is process protection and recourse — not an absolute guarantee of completion. Always verify a project's registration number at up-rera.in.

Buying & building remotely — step by step

Talk to the Vidastu NRI desk

FAQ

Can an NRI buy a plot of land in India?

Yes — residential and development-authority residential plots (e.g. YEIDA) are permitted; agricultural land, farmhouses and plantations are not (except by inheritance/gift). No prior RBI approval is needed when paid through banking channels.

Which account should I use?

NRE (fully repatriable), NRO (USD 1M/yr repatriation cap), or FCNR. Always pay in INR through banking channels — never cash.

Do I need to fly to India to buy or build?

No. A Power of Attorney lets a trusted person sign for you; you approve decisions and watch construction over video.

How much money can I take back out?

NRE/FCNR-funded purchases: repatriable for up to two residential properties. NRO-funded: USD 1M per financial year. Forms 15CA/15CB apply.

What tax will I pay when I sell?

LTCG TDS 12.5% (+ surcharge/cess) on the full sale value unless you get a Form 13 certificate; STCG 30%. DTAA relief via TRC + Form 10F. Consult a CA.

Is my money safe with the builder?

On RERA-registered projects, ≥70% of buyer funds sit in escrow, released against verified milestones. Verify the RERA number at up-rera.in. It's strong process protection, not an absolute completion guarantee.

Can an OCI buy a flat in Noida?

Yes. An OCI is treated on par with an NRI for immovable property and may buy residential and commercial property — including a flat in Noida, Greater Noida or on the Yamuna Expressway — with no prior RBI approval when payment is routed through banking channels in INR. Agricultural land, farmhouses and plantations stay off-limits without RBI approval. FEMA / NDI Rules 2019, as of 12 July 2026 — confirm your own case with a CA/FEMA advisor.

Can an NRI buy a property in India or a YEIDA plot from abroad?

Yes, entirely from abroad. NRIs and OCIs may buy residential property and development-authority-allotted residential plots such as YEIDA plots, and complete the purchase remotely on a Special Power of Attorney — apostilled in Hague-convention countries or attested at the Indian mission in the Gulf. No flight to India is required. FEMA / NDI Rules 2019, as of 12 July 2026 — verify the specific plot and confirm with your advocate.

Which bank account should an NRI use to buy property in India?

Pay in INR through banking channels — never cash. Use an NRE account (funded from foreign earnings, fully repatriable), an NRO account (rupee account, property-sale repatriation capped at USD 1 million per financial year) or an FCNR(B) deposit (treated like NRE for property payments). Construction-stage payments are serviced from the same account. RBI / FEMA, as of 12 July 2026 — confirm with your authorised-dealer bank.

Is a PIO treated the same as an OCI for buying property in India?

For most buyers, yes. The PIO card scheme was merged into OCI in 2015, and a Person of Indian Origin is generally treated on the same footing as an OCI for acquiring residential and commercial property under FEMA. If you still hold only a PIO document, confirm its current status and validity with your CA before you transact. FEMA / NDI Rules 2019, as of 12 July 2026 — general information, not legal advice.

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General information only — not legal/tax advice. UP-RERA Agent UPRERAAGT000309/01/2026.

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