top of page

Why invest in Hyderabad?

Hyderabad - The preferred real estate investment destination for NRIs

 

Hyderabad remains one of the world’s fastest-growing economies. There’s never been a better time to invest in real estate in India. Let us help you throughout the pre-and-post-purchase process.

About NRIs

 

Under RBI guidelines, Non-Resident Indians (NRIs) can purchase particular properties, though other forms may require special permissions. Thus every NRI interested in buying property in India must be aware of the provisions related to the purchase or ownership of immovable property in India under the Foreign Exchange Management Act (FEMA). Persons of Indian Origin (PIOs) and NRIs are treated the same while investing in real estate.

 

The Reserve Bank of India (RBI) has given general permission to NRIs for any residential or commercial property in India. In this regard, they do not need to seek special permission from RBI or send any intimation. NRIs can purchase any number of commercial or residential properties in India. The income tax laws also favor NRIs. In any case, the NRI cannot come to India; they have the authority to give anyone power of attorney who will execute the deal likewise.

 

However, the RBI does not allow NRIs to purchase agricultural land or plantation property in India. Under existing regulations, NRIs can’t purchase farmhouses in India. To purchase farmhouses, the NRI has to take special permission, which is considered on a case-to-case basis. An NRI can buy property jointly with another NRI. However, if any person is not authorized to invest in Indian property, they cannot become a joint holder irrespective of the contribution towards the purchase.

 

If a person who owns a property in India becomes an NRI, he can continue holding the property in his name in India. Interestingly, an NRI is allowed to invest in agricultural land, farmhouse, and plantation property if he purchased them before becoming an NRI. He can also let out the property without considering when it was acquired. It is possible to remit the rent received from such properties after appropriate Indian taxes are paid on such rent. NRIs can also gift or sell any immovable property to any person residing in India.

 

The NRI can even gift or transfer any property to any NRI, provided it’s not a farmhouse, plantation, or agricultural property.

 NRI Documents

 

Non Resident Indians (NRIs) can avail home loans for the purchase of flats, bungalows and villas in India. They need copies of valid passport, statements of non-resident external (NRE) or non-resident ordinary (NRO) accounts, salary certificate, last six months bank account statement/passbook, work experience certificate and a valid job contract or work permit. A person must be employed for at least two years. Businessmen and self-employed individuals need to show proof of income.

 

If an NRI is availing a home loan, he/she needs to attest the salary certificate from the embassy in case the salary is not credited to a bank. The person must also provide a local address proof and provide power of attorney (PoA) to someone in India. Details of permanent address in India are also necessary. A completed home loan application form is a must and the English translation of the contract must be duly attested by the consulate, employer, embassy or the Indian bank’s foreign branch, in case the contract is in some other language.

 

Other documents that the NRI would need to purchase property in India are agreement for sale/sale deed, copy of approvals for proposed construction, purchase or extension/approved building plans and a no objection certificate (NOC). For purchase or construction of house, the documents he would require are non-encumbrance certificate on the property (for 13 years), original title deed, land tax receipt and possession certificate. In case, the NRI wants to authorise a third party to avail loan installments, complete mortgage formalities and execute documents, a notarised power of attorney is a must.

 

The documents required can be divided under headings such as Personal Details Documents, Financial Details Documents for Salaried Individuals, Financial Details Documents for Self Employed Individuals and NRI Personal Guarantor documents. Different banks have different formats for the same. Here we have mentioned them in bullet points of your ease.


 

NRI Personal Guarantor Documents-
  • Current overseas address verification proof, such as, driving license, bank statement, utility bill, latest insurance premium receipt showcasing overseas address

  • NRI Guarantor’s passport and visa copies

  • Income documents of guarantor

  • Rapid increase in start-ups

  • Medical Tourism


 

Financial Details Documents for Self Employed Individuals
  • Copy of last six months’ bank statements in company’s name & individual’s name

  • US & Canada: Last 2 years CPA compiled/reviewed/audited P&L accounts

  • Middle East: Last 2 years audited/C.A certified P&L accounts

  • Others: Last 2 years C.A. or equivalent certified/audited P&L accounts

  • MOA & AOA of the company for private limited companies

  • Partnership deed for partnership firm

  • Copy of incorporation of business

  • Copy of income proof


 

Financial Details Documents for Salaried Individuals
  • Copy of salary certificate mentioning the current salary earned, designation and date of joining or copy of current appointment letter

  • Last four months’ salary slips in case of variable salary, or last three months’ salary slip in case of fixed salary

  • Six months bank statement clearly indicating credited salaries

  • Copy of previous appointment letters


 

Certain other details may also be asked for such as copy of PAN Card for the first applicant OR Form 60, Cheque/Draft in INR for fees with date in dd/mm/yyyy format, valid visa copies for all applicants and one passport size latest photograph of each applicant (includes co-applicant) with signature across.

Who is an NRI?

As defined by the Foreign Exchange Management Act of 1999 (FEMA), Non Resident Indian (NRI) is a citizen of India, who stays abroad for employment/carrying on business or vocation outside India or stays abroad under circumstances indicating an intention for an uncertain duration of stay abroad is a non-resident. Non-resident foreign citizens of Indian Origin are treated at par with Non Resident Indian (NRIs).

FAQs

Can a NRI/PIO acquire land/plantation property/farm house in India?

Since general permission is not available to NRI/PIO to acquire agricultural land/plantation property/farm house in India, such proposals will require specific approval of the Reserve Bank and the proposals are considered in consultation with the Government of India.

What mode of payment can an NRI/PIO make to purchase a residential property in India?

Under the general permission, an NRI/PIO may purchase a residential property in India by funds remitted to India through normal banking channel or funds held in his NRE/FCNR (B)NRO account. No consideration shall be paid outside India.

Can a NRI/PIO transfer his residential property by way of gift?

Yes. An NRI/PIO can transfer their residential property in India by way of a gift to an Indian resident/NRI/PIO.

Can a PIO transfer his residential property by way of sale?

Yes. Under general permission an NRI can sell his or her residential property in India to an Indian resident only.

Who is a PIO?

Person of Indian Origin (PIO) (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who at any time, held Indian passport, or

  • who or either of whose father or

  • whose grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955).

 

Note: A spouse (not being a citizen of Pakistan or Bangladesh) of an Indian citizen or of a person of Indian origin is also treated as a person of Indian origin for the above purposes provided the bank accounts are opened or investments in shares/securities in India are made by such persons only jointly with their NRI spouses.

Who is OCI?

Any person of full age and capacity:

  • Who is a citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the constitution, or

  • Who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the constitution, or

  • Who is a citizen of another country, but belongs to a territory that became part of India after the 15th Day of August, 1947.

  • Who is a child of such a citizen, or

A person, who is minor child of a person mentioned in clause (a)

 

Provided that no person, who is or had been a citizen of Pakistan, Bangladesh shall be eligible for registration as an Overseas Citizen of India. Documents required for buying property– Pan card (Permanent account number)– OCI/PIO card (In case of OCI/PIO)– Passport (In case of NRI)– Passport size photographs– Address proof.

Who can purchase immovable property in India?

Under the general permission granted by RBI, the following categories can freely purchase immovable property in India:

(a) Non-Resident Indian (NRI)- that is a citizen of India residing outside India

  • Person of Indian Origin (PIO)- that is an individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who at any time, held Indian passport or

  • who or either of whose father or whose grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955).

The general permission, however, covers only purchase of residential and commercial property and not for purchase of agricultural land/plantation property/farm house in India. OCI can purchase immovable property in India except agricultural land/plantation property/farmhouse.

 

Can an NRI/foreign national acquire immovable residential property in India?

 

Acquisition by purchase:

Yes, under general permission granted by the RBI an NRI/PIO can purchase a residential property in India.

 

Acquisition by gift:

Yes, under general permission granted by the RBI an NRI/PIO can acquire a residential property by way of gift from a person in India or an NRI or a PIO.

 

Acquisition by inheritance:

Yes, an NRI/PIO/foreign national of Indian origin can acquire residential property by way of inheritance from a person who is a resident of India as per the Provisions of Section 6(5) of the Foreign Exchange Management Act, 1999. An NRI/PIO/ foreign national of Indian origin can also acquire residential property by way of inheritance from a person who is a resident outside of India, with specific approval of Reserve Bank, provided the bequeathor had acquired such property in accordance with the provisions of foreign exchange law in force at the time of acquisition or under FEMA regulations.

bottom of page