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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 transactions can be a labyrinth of confusing terms, especially when checking records online. In this simplified guide, Genuine Plots unravels key terms, empowering you to make informed decisions and ensuring smooth navigation through the world of land transactions. Let's embark on this journey together, where understanding land records becomes as easy as a walk in the park.
Jamabandi
- Jamabandi serves as the Records of Rights (RoR), providing intricate details about land ownership, including information about owners and cultivators.
Nakal
- Nakal is a document that encapsulates all essential information about a piece of land, covering ownership patterns, revenues, and other pertinent details.
Khata
- Khata is a crucial revenue document that assesses a property's size, location, and build-up area. It also pinpoints the individual responsible for property tax payments.
Khasra or DAG Number
- Often referred to as DAG number, Khasra is a unique identifier assigned to a land parcel in a village. In urban areas, it corresponds to the survey number.
Khewat
- Khewat is a number assigned to landowners who collectively own a piece of land. Think of it as an account number granted to various owners of the same parcel.
Mauza
- Mauza is the term used to refer to a village, a significant geographical unit in land records.
Bainama
- Bainama is synonymous with a sale deed, providing a comprehensive transaction record.
Khatauni
- Khatauni acts as a comprehensive account book, detailing all landholdings and their respective landowners.
Patta
- Patta is a record of rights, a document that unveils the name of the legal owner of a piece of land property.
Khudkasht
- This document signifies that the land is cultivated by its owners, not external cultivators.
Embarking on a land transaction journey can be daunting, but armed with these simplified explanations, you'll be better equipped to decode the complexities of land records.
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