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Benami Property- A Clear Guide to Current Rules & Penalties5 Key Things NRIs Should Know Before Investing in Indian Real Estate
1. Foreign Exchange Rules
- NRIs must follow the FEMA (Foreign Exchange Management Act when investing.
- They can generally buy residential or commercial property, but not agricultural land.
- Inheritance or gifts of property are allowed, even for NRIs.
- Court permission may be needed in very specific cases for farm or agricultural land.
2. Tax Implications
- When selling the property within 2 years, any profit is treated as short-term capital gains — taxed at 30%.
- If the property is sold after 2 years, it falls under long-term capital gains, and the tax rate is 20% (after adjusting for inflation).
- The tax for long-term gains needs to be paid on the full sale value first; later, you can claim a rebate based on the indexed cost.
3. Picking the Right Type of Property
- NRIs should decide whether they want residential or commercial property, depending on their goal (rent-earning, capital growth, personal use).
- Residential properties are currently more popular and in demand, but commercial real estate in good locations can yield strong rental returns.
- It's safer to invest with reputed and trusted builders — check for certifications, government approvals, and track records.
4. Using Power of Attorney (POA)
- Since NRIs may not always be physically present in India, they can appoint a Power of Attorney (POA) to manage the property.
- Choose a trusted person (family or professional) as POA to oversee payments, maintenance, or legal matters.
- Ensure the POA document is legally sound and follows all government compliance to avoid future disputes.
5. Home Loan Options
- NRIs can take home loans in India — typically up to 80% of the property value.
- It’s recommended to use an NRE account when applying for the loan.
- After selling, loan repayment or proceeds can often be managed through NRE / NRO accounts, making it simpler to move money.
Why It’s a Good Time to Invest
- Real estate offers diversification compared to stocks or crypto.
- With research and compliance, NRIs can tap into India’s real estate market and gain from capital growth or rental income.
Land Fragmentation Reform of Maharashtra, 2025: A BIG BOOST FOR LEGAL LANDOWNERSHIP!
Key Highlights of the 2025 Amendment
- The Maharashtra Government formulated an important ordinance, which dealt with changing the Tukde Bandi Kayda with a aim towards more control in land subdivision.
Crackdown on Illegal Fragmentation
– This update will involve increased monitoring in land registration to ensure there is no sale of illegally fragmented agricultural lands.
Streamlined Registration Process
– New measures that make it easier to register land parcel ownership, ensuring that subdivisions can be traced legally.
Regularisation of Old Land Deals
- There are 49 lakhs of land parcels, and the state aims to address these, which were earlier stagnated due to restrictions on land fragmentation.
– Such changes are aimed at making sure the land records are up to date and that there is no uncontrolled fragmentation of agricultural land.
Improved Transparency for Buyers
- With clear regulations and regularisation in place, it is easy to confirm ownership and prevent illegal practices under the current system.
For safe and verified land buying, contact Genuine Plots.
Investment opportunity at Pune: Pune is a safe haven where one can expect appreciation along with good growth in
NRIs can buy residential and NA plots in the Pune district legally.
Top Investment Zones: Talegaon, Shirwal, Hinjewadi Phase 3, Pir
Always verify the sale deed, NA order, and 7/12 extract before purchasing a plot.
Prefer to stay in a gated environment with security arrangements.
Still have doubts? You can contact Genuine Plots for safe buying.
Eco-village concepts are popular for NRI weekend stays & retirement plans.
Ensure the project land type is NA-converted, not purely agricultural.
Check for amenities: solar, water, internal roads, security, and farming activities.
Look for RERA-registered eco-projects near major cities like Pune & Mumbai.
Still have doubts? You can contact Genuine Plots for safe buying.
NRIs cannot buy a farmhouse on agricultural land, but can buy:
Villa plots
NA farmhouse plots
Weekend home plots
Ensure the project is in the Residential/Agri-Residential/NA Zone.
Check for proper mutation entries and fencing.
Still have doubts? You can contact Genuine Plots for safe buying.
Telangana follows central FEMA rules—
NRIs cannot directly purchase agricultural land, plantation properties, or farmhouse plots.
Only resident Indian citizens are eligible to buy agricultural properties.
NRIs can inherit but cannot buy agricultural lands.
If you still want to have farmland, you should consider the 'Converted (NA)' or 'Farmhouse' plots because they are available for legal purchase.
Due diligence is essential because the titles, permits, and other regulations regarding the land should be checked.
Still have doubts? You can contact Genuine Plots for safe buying.
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