NRI Kiosk

At ORVEKA Prime Ventures LLP, we understand that buying, managing, or selling property in India from abroad can feel overwhelming. This section is designed to simplify the process for NRIs, PIOs, and foreign nationals. Here, you’ll find clear answers to commonly asked questions—explained in a way that any layperson can understand.

Our Services

At ORVEKA, we help NRIs draft compliant tenancy agreements, manage tenants, and ensure smooth rental operations.

General Information

1. How is an NRI (Non-Resident Indian) defined?
An NRI is an Indian citizen who lives outside India for more than 182 days in a financial year for purposes such as employment, business, or any reason indicating an intention to stay abroad.
2. Who is a PIO (Person of Indian Origin)?
A PIO is someone who is not an Indian citizen but has Indian roots—meaning they or their parents/grandparents were Indian citizens.
3. Who can purchase immovable property in India?
NRIs and PIOs are allowed to purchase residential and commercial properties in India without needing special permission from the RBI.
4. Can an NRI/PIO acquire agricultural land, plantation property, or a farmhouse?
No. NRIs and PIOs cannot buy agricultural land, plantation land, or farmhouses.
They may only acquire such property through inheritance or a special approval from the RBI.
5. What documents are required for buying property?
Generally, the following are needed:
• Valid passport
• PAN card
• OCI/PIO card (if applicable)
• Address proof abroad
• Passport-size photographs
ORVEKA Prime assists NRIs through every documentation step.
6. How many residential/commercial properties can an NRI/PIO purchase?
There is no limit. You can buy any number of residential and commercial properties.
7. Do any documents need to be filed with the RBI after purchase?
No. As long as the property falls under the general permission category, no reporting to RBI is required.
8. Can a foreign national (non-Indian origin) purchase property in India?
No—unless they are resident in India with proper visas and documentation.
9. Can such a foreign national be a second holder with an NRI/PIO?
No. A foreign national who is not of Indian origin cannot be a joint or second holder.
10. Can a foreign national who is resident in India purchase property?
Yes. A foreign national legally residing in India can purchase property, except agricultural/plantation/farmhouse land.

Inheritance & Gifting of Property

1. Can immovable property be acquired through gift?
Yes. NRIs/PIOs can receive residential or commercial property as a gift from:
• A resident Indian
• An NRI
• A PIO
2. Can a non-resident inherit property in India?
Yes. NRIs, PIOs, and foreign nationals can inherit property.
3. From whom can immovable property be inherited?
From:
• Any person residing in India
• Another NRI
• A PIO
4. Can a non-resident gift property he/she owns?
Yes. An NRI/PIO can gift residential or commercial property to:
• A resident Indian
• Another NRI
• A PIO
5. Can agricultural/plantation/farmhouse property be gifted?
No. NRIs/PIOs cannot gift such properties unless the recipient is a resident Indian citizen.

Payment Modes

1. How can an NRI/PIO make payments for property purchases?
Payments must come through:
• Banking channels
• NRE / NRO / FCNR(B) accounts
• No cash payments are allowed
2. Can an NRI/PIO take a home loan in India?
Yes. Home loans can be availed from:
• Indian banks
• Housing finance companies
Repayment must be routed through NRE/NRO/FCNR accounts or directly from abroad.

Repatriation of Sale Proceeds

1. Can NRIs/PIOs repatriate sale proceeds of property?
Yes, subject to FEMA rules. Repatriation is allowed for up to two residential properties, provided:
• The property was purchased legally
• Relevant taxes are paid
2. If sale proceeds are in an NRO account, can they be repatriated?
Yes, up to USD 1 million per financial year, after paying applicable taxes.
3. If a rupee loan was taken for purchase, can proceeds be repatriated?
Yes. The portion of proceeds equivalent to the loan repayment must first be used to settle the loan.
4. If the property was bought using NRE/FCNR(B) funds or foreign remittance, can proceeds be repatriated immediately?
Yes. Full repatriation is allowed for up to two properties, subject to documentation.
5. Is there a restriction on the number of properties for repatriation?
Yes. Repatriation of sale proceeds is allowed for a maximum of two residential properties.
6. If the property was acquired by gift, can the NRI repatriate the sale proceeds?
Yes, up to USD 1 million per financial year, after taxes, if the original acquisition complied with FEMA.
7. If inherited, can the sale proceeds be repatriated?
Yes. Up to USD 1 million per financial year is permitted, after payment of applicable taxes.

Taxation & Filing of Returns

1. What are the income tax and capital gains implications?
• Rental income is taxable in India.
• Capital gains (short-term or long-term) apply when property is sold.
• Long-term gains can enjoy indexation benefits and exemptions if reinvested under certain sections.
2. Who should file tax returns?
Any NRI earning:
• Rental income
• Capital gains
• Any taxable income in India
must file an income tax return.
3. Are there any exceptions?
If an NRI’s income in India is below the taxable limit and TDS has been deducted correctly, filing may not be mandatory. But filing returns is always advisable.
4. What’s the best way to file tax returns?
Most NRIs file:
• Online through the income tax portal
• Through authorized tax professionals
ORVEKA can connect NRIs to reliable CA partners for smooth filing.
5. How does the Double Taxation Avoidance Agreement (DTAA) work for capital gains?
DTAA ensures NRIs do not pay tax twice on the same income.
If taxes are paid in India, the same income can be claimed as a credit or exemption in the country of residence, as per the DTAA terms.

New Tenancy Law & Its Implications

The new tenancy laws aim to create a balanced structure between landlords and tenants.
For Property Owners:
• Faster dispute resolution
• Better protection against wilful default
• Formal agreements are strongly enforceable
For Tenants:
• Transparent rent terms
• Clear responsibilities for repairs
• Protection from sudden evictions

Need Assistance? ORVEKA Is Here to Help
Whether you want to buy, manage, rent out, or sell a property in India, ORVEKA Prime Ventures LLP provides end-to-end NRI services, including:
• Property search & due diligence
• Documentation & registration support
• Home loan and banking coordination
• Property management
• Tenant management
• Sale and repatriation assistance