Can a NRI Sell and Buy Property from Another NRI?

Introduction

In an increasingly globalized world, Non-Resident Indians (NRIs) often find themselves dealing with property matters not just within their home country but also with fellow NRIs. Whether it's selling or buying property, the rules and regulations governing such transactions can be complex. This article explores whether NRIs can sell and buy property from each other, shedding light on the complexities of NRI property transactions.

Understanding NRI Property Sale and Purchase

Before delving into the specifics, it's important to understand the status of NRIs in the context of property transactions. NRIs are individuals of Indian origin who live abroad, and they have distinct rules governing their property dealings in India. They can own certain types of properties in India, like residential and commercial properties, but with some conditions and restrictions.

Selling Property as an NRI to Another NRI

Selling property in India as an NRI to another NRI is possible but requires following specific legal procedures:

1. Verify NRI Status: First and foremost, ensure that you have a valid NRI status, as only NRIs can engage in property transactions with fellow NRIs. You must provide relevant documents to prove your NRI status.

2. Obtain an NRI Account: To conduct financial transactions related to property, NRIs must have an NRI bank account. This account will be used to receive the sale proceeds and facilitate the buying process.

3. Ensure Property Eligibility: Not all types of properties can be sold to another NRI. NRIs can typically buy and sell residential and commercial properties, but they cannot purchase agricultural land, plantation property, or farmhouses in India.

4. Pricing and Documentation: The property's sale price must be determined reasonably based on the prevailing market rates. Additionally, ensure that all the necessary documents, such as the sale deed, encumbrance certificate, and property title documents, are in order.

5. Obtain Clearance from Authorities: It's essential to obtain a No Objection Certificate (NOC) from the local authorities to validate the property's sale. This is especially crucial in the case of agricultural land.

6. File Appropriate Tax Returns: Both the seller and the buyer must comply with Indian tax laws. The seller must calculate and pay any applicable capital gains tax, while the buyer must ensure tax compliance during the purchase.

7. Finalize the Sale Deed: Once all documentation and financial aspects are in place, the sale deed should be executed and registered with the local sub-registrar office. This legalizes the transfer of property from one NRI to another.

Buying Property as an NRI from Another NRI

If you're an NRI looking to buy property from another NRI, follow these steps:

1. Verify Your NRI Status: As with selling, ensure that you have a valid NRI status and the necessary documentation to prove it.

2. Identify Eligible Properties: Determine the type of property you wish to purchase, such as residential or commercial. Remember that certain types of properties, like agricultural land, are off-limits to NRIs.

3. Financial Arrangements: Arrange for the funds required for the purchase, either from your NRI account or through a home loan, if needed.

4. Due Diligence: Conduct thorough due diligence on the property you intend to buy. This includes verifying the property's title, ownership history, and any encumbrances.

5. Sale Agreement: Once you are satisfied with the property's status, enter into a sale agreement with the seller. This agreement should outline all the terms and conditions of the sale, including the sale price and timeline.

6. Obtain Necessary Approvals: Ensure that you have the requisite approvals and clearances from local authorities and government bodies for the property you intend to purchase.

7. Execute the Sale Deed: Like the seller, you must also sign and register the sale deed with the local sub-registrar office to complete the property transfer legally.

Legal Aspects and Considerations

When NRIs engage in property transactions, they need to consider:

1. Tax Implications: Both buyers and sellers must understand the tax implications of property transactions. Capital gains tax, income tax, and withholding tax may apply, depending on various factors.

2. Repatriation: NRIs should be aware of the rules governing the repatriation of funds to their foreign accounts after a property sale. These rules can change, so it's essential to stay updated.

3. Loan Eligibility: If you plan to finance your property purchase through a loan, be aware that not all banks offer home loans to NRIs. Explore your options and choose a lender that caters to NRIs.

4. Legal Assistance: Given the complexity of property transactions, it's advisable to seek legal assistance from a qualified attorney who specializes in NRI property matters.

Conclusion

In conclusion, NRIs can buy and sell property to one another by following legal procedures and adhering to regulations set by the Indian government. It's crucial to verify NRI status, conduct due diligence, comply with tax rules, and seek expert advice for a smooth and secure property transaction. Knowledge and preparation are key in navigating the complexities of NRI property transactions.

The author is a Chartered Accountant and former EY employee, serves as the Chief Consultant of the NRI Desk and Influencer Desk at AKT Associates. He specializes in offering consultancy services tailored for NRIs and is dedicated to creating educational content to raise awareness within the NRI community.