Can a foreigner buy property in India?

I have come across this very common question a lot, ‘Can a foreigner buy property in India?’ I will answer this question in detail here and let you know what are the conditions and terms put forth by the authorities on this matter. According to The Ministry of External Affairs, India foreigners cannot buy or sell immovable property in India. However, it is possible to buy a property after seeking RBI’s approval if the property is acquired from the person who inherited it from a person who was a resident of India. As far as the acquisition and transfer of immovable property in India is concerned, The Ministry of External Affairs states that foreign embassies, Diplomats or Consulate Generals in India can purchase a property in India (excluding agricultural land, plantation property and farmhouse) under certain conditions. The conditions are as follows:

1. The individual must seek clearance from the Government of India and The Ministry of External Affairs.
2. The payment for buying an immovable property in India must be made via funds remitted from abroad through a banking channel.

Please note that citizens from Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, or Bhutan cannot purchase an immovable property in India. Only those who are residing in India will be allowed after seeking approval from the Reserve Bank of India.

Hey,

There are many foreign nationals who are in awe of India and Indian culture and wish to settle down and buy a property in India. I have friends who have a similar reason. But I also have a few friends who wish to invest in a property in India because of the value of the rupee in the world. They consider it a good investment in the long term. But the question then comes down to “

can foreigner buy property in India”. There are certains conditions to this answer. Please read on to understand them.

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Can foreigners buy land in India?

1. Jointly with a spouse, who is a foreigner

   : A person who is not an NRI or OCI but is married to an NRI or OCI may jointly purchase one immovable property (other than agricultural land, farmhouses, or plantation properties) with his or her NRI/ OCI spouse. Prior to the acquisition of such property, the marriage must have been registered and maintained for a continuous period of not less than two years.  

2. Foreign Nationals (other than NRI or OCI) living in India can buy property in India

   : Buying with RBI permission- Citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong, or the Democratic People's Republic of Korea (DPRK) are prohibited from purchasing immovable property in India without prior authorisation from the Reserve Bank of India (RBI). They can, however, lease immovable property for a period of up to five years. Buying without RBI permission-

   Foreigners buying property in India

   from other nations (such as the United States, the United Kingdom, or Australia) of non-Indian descent who reside in India are entitled to purchase property in India.

3. Long-Term Visa holder:

   A person who is a citizen of Afghanistan, Bangladesh, or Pakistan and belongs to one of the country's minority communities, such as Hindus, Sikhs, Jains, Buddhists, Parsis, or Christians, and who is residing in India and has been granted a Long-Term Visa (LTV) by the Central Government, may buy only one housing property in India as a living space for self-occupation and therefore only one immovable property for self-employment.

I hope now you understand the answer to the question: can

foreigner buy property in India, or not.

Read More: Can a Foreigner Rent a Property in India? Can a Foreigner from Non-Indian Origin Buy an Apartment in India and Earn Rental Income?  

I was studying in the US for 3 years. During this time, one of my classmates, Nick, who visited India for his vacation enquired, “Can foreigners buy property in India?” He consulted a lawyer in India and learnt a few things. We were having a discussion the other day and he told me that foreigners can inherit property from an Indian national. There were a few other things that we touched upon, let me help you out with more information from what I learnt.

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While many foreigners enjoy travelling to India for vacations and are not subject to any strict regulations, the condition of buying land in India as a foreigner is very different.

Can foreigner buy land in India?

Foreign nationals of non-Indian origin who reside outside of India are permitted to purchase or transfer real estate in India on leases of up to five years, as well as through inheritance from a resident.

How can a foreigner buy property in India?

It is prohibited for foreign nationals living outside of India to purchase any property in India. In India, foreign nationals are not allowed to own property unless they fulfil the residency requirement of 182 days per fiscal year. Foreign nationals living in India can, however, purchase a home there without the RBI's clearance.

According to the FEMA Act, foreigners must meet two requirements before they can purchase real estate in India:

• During the fiscal year, the foreign national must spend more than 182 days in India.

• They can stay in India for the duration of this time period for any valid cause, and prove their intention of staying in India, including employment, business, travel, or any other.

I’d like to conclude my answer here about  “can foreigners buy property in India?”

I hope this helps:)

Read More:

Can A Foreigner Rent an Apartment in India: How?  Can NRI buy agricultural land in India? How can NRI make rental agreement?

I got curious to know whether foreigners can buy property in India or not, especially after witnessing so many inter-country marriages and was glad that I did research on it. I learned that foreigner can buy property in India. There are a few rules that they need to follow in that case but it is possible for a foreigner to buy property in our nation. 

I also searched: Can a US citizen buy property in India and got detailed information on this topic. Let me share here what I know:

Can foreigners own property in India?

Foreigners can buy properties in India but there are some conditions to meet. Let me share a few of them here:

• Persons of Indian origin who are foreign nationals but possess Indian ancestry or have Indian passports can buy property in India. In this case, they are usually not restricted to buying property anywhere in India.

• Foreigners who do not possess Indian citizenship and live outside India can also buy property here. However, in that case, the foreigner needs to fulfill certain conditions, like having to live for 182 days straight or more in the previous financial year

• Foreigners who are living in India and have obtained valid long-term visas or resident permits can buy a property here. They have to make sure that they use the property for residential purposes only.

• Foreign spouses of NTIs or Overseas citizens of India are eligible to purchase property in India.

So this is when can non Indian buy property in India. 

Consult with NoBroker’s expert advocates and proceed legally with your case

Read More:

Can a foreigner of non-Indian origin buy an apartment in India and earn rental income? Can a foreigner rent property? Can foreigners buy property in India?

One of my foreign colleagues wanted to invest in a property in India. So, he wanted to know whether can a foreign national buy property in India or not. He wanted to understand the potential advantages and difficulties of owning property abroad, as well as the legal issues and governmental laws that may arise.

Can Foreign Nationals Buy Property in India?

Foreign citizens who are not of Indian origin and who live outside of India are not allowed to purchase any real estate in India unless they inherit it from an Indian-born person.

Non-Indian foreign nationals who have inherited immovable property in India with RBI's express consent are not permitted to transfer such property without RBI's prior consent.

But, there are certain ways in which a foreign national can invest in Indian real estate.

Can Foreign Citizen Buy Property in India?

Foreign Nationals (other than NRI or OCI) living in India can buy property in India.

• With RBI permission:

   

Before purchasing real estate in India, nationals of the Democratic People's Republic of Korea (DPRK), China, Iran, Nepal, Bhutan, Macau, Hong Kong, Bangladesh, Pakistan, and Sri Lanka must receive prior RBI clearance. They can, however, choose to lease the property for a maximum of five years in order to obtain it.

• Without RBI permission:

   

Foreign nationals who live in India but are not of Indian descent and are nationals of nations other than those listed above (e.g., USA, UK, or Australia) are allowed to purchase real estate in India.

• Foreign Spouse of NRI/ OCI Buying Property in India:

If a person is married to an NRI or OCI and lives outside of India, they may jointly purchase one immovable property (farmland, farmhouses, or plantation assets excluded) with their spouse who is an NRI or OCI. However, before acquiring the aforementioned property, the marriage must be legally recognised and have been in force for a continuous period of at least two years.

I hope now you know can a foreign citizen buy property in India or not.

Get Complete Assistance in Your Buying Journey as an NRI With NoBroker NRI Services. Read More:

Can a foreigner of non-Indian origin buy an apartment in India and earn rental income