NRI guide to buying property in Jaipur

What NRIs and OCIs can buy

Under India’s foreign exchange rules (the Foreign Exchange Management (Non-debt Instruments) Rules, 2019, and RBI’s directions on immovable property):

There is no limit on the number of residential or commercial properties. Land already converted to non-agricultural use before purchase is outside the farmland bar, which is why converted plots matter for NRI buyers. More: can NRIs buy plots or farmland in Jaipur?

How to pay

• From an NRE, NRO or FCNR account in India, or by inward remittance through normal banking channels.
• Not in foreign currency cash or traveller’s cheques.
• Home loans from Indian banks are available to NRIs for residential property, repaid from these accounts.

Buying without travelling: power of attorney

Many NRIs buy through a trusted relative or friend holding a power of attorney (POA):

1. Draft a specific POA for the property and acts involved (signing the deed, paying duty, registering, mutation).
2. Execute it before the Indian embassy or consulate, or notarise and apostille it, as the receiving office requires.
3. Send the original to India and have it stamped and, where required, registered in Rajasthan before it is used.
4. The POA holder signs and registers the sale deed at the sub-registrar.

A POA lets someone act for you; it does not itself transfer ownership. The Supreme Court made clear in Suraj Lamp & Industries v State of Haryana (2011) that property cannot be sold through a “GPA sale” without a registered sale deed. Step by step: how an NRI can register property without travelling.

Our NRI process

1. A video call to understand budget, purpose (own use, parents, rental, long-term hold) and timeline.
2. Shortlist with documents verified, and recorded video site visits.
3. Draft and review of agreement and deed, coordinated with your lawyer.
4. POA guidance, stamp duty payment and registration slot.
5. Name transfer, utility connections and, if you want, rental management.

When you sell

• The buyer must deduct TDS on payments to a non-resident seller; the rate depends on the holding period and capital gains rules. A certificate for lower deduction can be applied for where the tax due is lower.
• Sale proceeds go to your NRO account. You can repatriate up to USD 1 million per financial year from NRO balances, with the required tax forms (Form 15CA/15CB).
• Repatriation of sale proceeds of residential property is limited to two such properties; take advice before selling more.

Rules on TDS and capital gains change with each budget and the new Income-tax Act, so confirm the current position with a chartered accountant before you sell.

Common NRI mistakes

• Buying a “farm plot” that is still agricultural land: an NRI cannot hold it.
• Using a general POA instead of a specific one.
• Paying in cash, or from a foreign account directly to the seller.
• Leaving mutation and utility transfers undone after registration.