Ownership guide for India: how foreigners buy

What you need to know

1. Can Indians abroad and Overseas Citizens of India buy homes?

   An NRI or an OCI cardholder may buy any residential property in India except agricultural land, a farmhouse or plantation property, paying through banking channels or from an NRE, NRO or FCNR(B) account (RBI FAQ on Purchase of Immovable Property, updated 6 April 2023; NDI Rules 2019, rule 24).

   Where this comes from

   • RBI FAQ: Purchase of Immovable Property (Parts I and II), updated 6 Apr 2023, read 26 October 2026

2. Can a foreign national without Indian roots buy property?

   A foreign national resident outside India who is not an NRI or OCI cardholder can acquire immovable property in India only on a lease of up to five years or by inheritance from a person resident in India; all other acquisitions need the prior permission of the Reserve Bank of India (RBI FAQ on Purchase of Immovable Property, Part II Q4, updated 6 April 2023).

   Where this comes from

   • RBI FAQ: Purchase of Immovable Property (Parts I and II), updated 6 Apr 2023, read 26 October 2026

3. Can a foreigner living in India buy property there?

   A foreign national resident in India may acquire immovable property in India, except citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or North Korea, who need prior RBI permission; the bar does not apply to an OCI cardholder (RBI FAQ on Purchase of Immovable Property, updated 6 April 2023).

   Where this comes from

   • RBI FAQ: Purchase of Immovable Property (Parts I and II), updated 6 Apr 2023, read 26 October 2026

4. Must a new project be registered with the state regulator?

   A real estate project in India must be registered with the state RERA before sale unless the land is 500 m² or less or it has eight apartments or fewer (RERA Act 2016, s.3).

   Where this comes from

   • Indian Kanoon, Real Estate (Regulation and Development) Act 2016, read 7 October 2026

5. How does the real estate law protect my money?

   A RERA promoter must keep 70% of buyers' money in a separate account for construction and land cost, may not take more than 10% before a registered agreement for sale, and must fix structural defects reported within five years of possession (RERA Act 2016, ss.4, 13 and 14).

   Where this comes from

   • Indian Kanoon, Real Estate (Regulation and Development) Act 2016, read 7 October 2026

6. Does a property sale in India need registering?

   An agreement to sell immovable property must be registered to protect a buyer under the part-performance rule (Registration Act 1908, s.17(1A)), and a sale of property worth Rs 100 or more needs a registered instrument.

   Where this comes from

   • Indian Kanoon, Registration Act 1908 section 17, read 7 October 2026

7. Can I use a power of attorney signed abroad?

   India has been a party to the Hague Apostille Convention since 2005, and an apostilled power of attorney needs no further legalisation for use in India (Ministry of External Affairs).

   Where this comes from

   • Ministry of External Affairs, Apostille, read 7 October 2026

8. What stamp duty is paid on a home in Delhi?

   Delhi charges stamp duty and transfer duty together at 4% of the value of a sale deed when the buyer is a woman and 6% when the buyer is a man, and a registration fee of 1% plus a Rs 100 pasting charge (Revenue Department, Delhi, property registration page, last updated 22 October 2026).

   Where this comes from

   • Revenue Department, Govt of NCT of Delhi: Property registration charges (last updated 22 Oct 2026), read 26 October 2026

9. What stamp duty is paid on a home in Mumbai?

   Maharashtra charges 5% stamp duty on the market value of a home within a municipal corporation (Stamp Act Schedule I, Article 25(b)(i)), Mumbai adds a 1% metro surcharge from 8 February 2019, and a woman buyer of a residential unit pays 1% less from 1 April 2021 (IGR Maharashtra article-wise schedule dated 22 July 2026).

   Where this comes from

   • IGR Maharashtra: Maharashtra Stamp Act article-wise schedule, 22 Jul 2026 (Articles 25, 36A), read 26 October 2026

10. Can an Indian living abroad get a home loan?

    An authorised dealer bank may grant a rupee loan to an NRI or OCI cardholder for acquiring a residential accommodation in India, and a registered NBFC or housing finance institution may grant housing loans to NRIs or OCI cardholders, subject to RBI's terms (FEM (Borrowing and Lending) Regulations 2018, regs 7A(i) and 7B(i), as amended to 16 February 2026).

    Where this comes from

    • RBI Master Direction: FEM (Borrowing and Lending) Regulations 2018, as amended to 16 Feb 2026, read 26 October 2026