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5 Key Things NRIs Should Know Before Investing in Indian Real Estate
Non-Resident Indians (NRIs) are increasingly looking at non-agricultural (NA) plots in India as a stable and high-growth investment. These lands are legally approved for residential or commercial use, making them far more accessible to NRIs than agricultural properties.
But what exactly can an NRI buy? What rules apply? And how can you safely complete the purchase from abroad?
Here’s a simple guide.
1. NRIs Can Buy NA (Non-Agricultural) Land Without Special Permission
NRIs are allowed to buy non-agricultural land in India.
No special approval from the Reserve Bank of India (RBI) is required.
This includes:
- Residential NA plots
- Commercial NA plots
- Approved layouts in township or plotting projects
NA land is fully legal for NRI purchase and is treated the same as buying residential/commercial property.
2. Payment Rules for NRIs Buying NA Plots
NRIs must follow banking rules under FEMA. Payments can be made only through:
- Inward remittance from abroad
- NRE account
- NRO account
- FCNR account
- Cash payments are not allowed.
This creates transparency and helps with future repatriation of funds.
3. Properties NRIs Cannot Buy
NRIs are restricted from buying:
- Agricultural land
- Farmhouses
- Plantation land
These can only be owned if the NRI inherits them or receives them as a gift.
So, for new purchases, only NA land is allowed.
4. Power of Attorney (POA) Helps If You’re Abroad
If the NRI is not in India during the transaction, they can give a Power of Attorney to a trusted relative, friend or a professional representative.
The POA holder can legally carry out tasks like signing agreements, completing paperwork, and handling registration formalities.
5. Legal Due Diligence: The Most Important Step
Before buying any NA plot, NRIs must confirm that the land is officially converted from agricultural to non-agricultural by the authorities.
✔ Title and Ownership
Check title deeds to ensure the seller has the legal right to sell.
✔ Encumbrance Certificate (EC) for 30 Years
This confirms the land is free from legal disputes or loans.
✔ Approvals & NOCs
Look for:
- Layout approval
- Local authority permissions
- Tax receipts
- Completion certificates (if applicable)
- A clean plot saves you from trouble later.
6. Repatriation Rules: What Happens When You Sell?
When an NRI sells an NA plot:
- If purchased using NRE funds
- The original investment amount can be repatriated abroad in foreign currency.
- If capital gains are earned
- The profit must first be credited to an NRO account.
- Repatriation is allowed but within RBI limits.
- If purchased using NRO funds
Repatriation is limited to USD 1 million per financial year, including all assets and income.
7. How Non-Resident Indians Purchase a NA Plot in India
Step 1: Verify that the land is NA
Step 2: Designate a POA (useful but optional)
A general power of attorney facilitates the process.
Step 3: Conduct exhaustive due diligence
To verify documents, approvals, and land history, speak with a legal professional.
Step 4: Put a Sale Contract into Action
This needs to be signed and stamped by the POA holder or both parties.
Step 5: Transfer money through approved channels.
Use NRE/NRO/FCNR accounts or inward remittances.
Step 6: Register the sale deed
To complete ownership, pay stamp duty and registration charges.
Conclusion
Buying NA plots is one of the simplest and safest real estate investments that NRIs can make in India. With no need for special RBI approval and clear guidelines under FEMA, NA land offers strong potential for appreciation, development, and future returns.
As long as you verify the land status, ensure clean paperwork, and follow proper banking channels, purchasing an NA plot becomes a smooth and secure process for any NRI.
How to Maximize Returns After Acquiring Land: A Comprehensive Guide by Genuine Plots
So, you've got yourself a piece of land – congratulations! Now, what's next? Let's explore some exciting options that go beyond just owning land.
- Buying and Re-Selling:
- Secure a fantastic deal on land that's priced lower than its market value. Hold onto it for a short while, let its value blossom, and then sell it at a competitive price. It's like finding a hidden gem and turning it into a treasure chest of profit. Keep your eyes peeled for those golden opportunities!
- Buying, Holding for Appreciation, and Selling:
- This strategy is akin to planting a money tree. Purchase the land and patiently wait as its value appreciates over the years. When the market is ripe, sell it for a substantial profit. Think of it as an investment that grows and matures, just like a fine wine. Your patience today could lead to a bountiful harvest tomorrow.
- Buying, Developing, and Selling:
- Purchase the land and transform it into a residential or commercial masterpiece. Once complete, sell it for a handsome profit. It's like turning a blank canvas into a work of art that not only brings joy but also fills your pockets.
- Buying, Developing, and Renting:
- Why sell the golden goose when it can keep laying eggs? Purchase land, invest in development, and create a property that becomes a source of continuous income. Rent it out, sit back, and enjoy the steady flow of cash while retaining ownership. It's like having your cake and eating it too!
- Buying, Cultivating, and Holding:
- Purchase land and immerse yourself in the world of agriculture. Cultivate crops, engage in farming, and witness your land transform into a fruitful haven. Whether it's for personal satisfaction or a green investment, this option connects you with the earth and its bounty.
Land isn't just a piece of property; it's a canvas for your financial dreams. Whether you're seeking quick profits, long-term investments, or a blend of both, your plot holds untapped potential. So, what's your land going to be – a quick flip, a patient investment, or maybe a green sanctuary? The choice is yours, and the possibilities are as vast as the land you've acquired. Start envisioning the future you want to cultivate on your piece of the earth!
Genuine Plots Guide: Factors to Consider When Buying a Residential Plot in Maharashtra
Dreaming of your own home? Choosing the right residential plot is crucial. Let's break it down in simple terms:
- Location:
Why it matters: Your plot should be easily reachable from important city areas. Avoid getting tempted by cheap deals in faraway places. Consider factors like proximity to schools, hospitals, and workplaces for a convenient lifestyle. A well-located plot not only ensures ease of living but also holds the potential for better returns on your investment over time.
- Value of the Plot:
Why it matters: Take your time; don't rush into a great-looking deal. Research the land's value by considering its current market rates, future development prospects, and the overall growth trajectory of the locality. Consulting with a real estate agent or guidance from Genuine Plot's experts familiar with the area can provide valuable insights into the plot's potential appreciation and help you make an informed decision.
- Area of the Plot:
Why it matters: If you plan to live there, size matters! Consider your lifestyle, family size, and future needs when assessing the plot's area. Also, check the topography and soil conditions to ensure they are suitable for construction. Understanding the built-up area you'll need for your dream home ensures that it meets both your current and future requirements.
- Builder Verification:
Why it matters: Ensure the land isn't in legal trouble. Cross-verify the seller's background and reputation in the real estate market. Look into their past projects to assess the quality of construction and adherence to timelines. Additionally, post your queries on online forums to gather feedback from other buyers. This thorough verification process provides a clear understanding of the builder's credibility and reliability.
- Title Deed Verification:
Why it matters: Confirm the seller's right over the land by checking the title deed. Ensure the document includes the seller's name, validating their ownership. Cross-verify with relevant land records to ascertain that the full right to sell the land lies with the seller alone, preventing any legal complications in the future.
- Necessary Approvals by the Local Body:
Why it matters: Check if the plot has received necessary approvals from local authorities, including the City Development Corporation. Consult with a legal professional to verify approval documents, ensuring regulation compliance. For larger layouts or planned developments, confirm that the builder has obtained planning permission and building approvals from the local authorities. This step safeguards your investment and assures a hassle-free construction process.
Conclusion:
These points are crucial if you're eyeing a residential plot in Maharashtra. Ensure your dream plot meets these criteria for a secure and wise investment.
The ABCs of Land Transactions in Maharashtra: From Tax Receipts to Deeds and Beyond
- 7/12 Extract:
- What it is: A document with details like survey number, land size, owner names, crops grown, and any loans. It is obtainable from the Talathi office or online at https://mahabhulekh.maharashtra.gov.in/.
- How to get it: Visit the Talathi office or download it online, keeping district, taluka, village, and land details handy.
- 6/12 Extract:
- What it is: Contains info on land rights, transfers, and changes. Also known as Fer Far, Mutation Extract, Hakka Patra, or D Patrak.
- Why it matters: Shows how the land has been transferred and any added conditions.
- 8-A Extract:
- What it is: A book detailing land tax, crops, and owner names. Read alongside 6/12 and 7/12 extracts.
- Why it matters: Provides insights into tax payments and types of crops.
- Deed of Conveyance and Registration:
- What it is: The final paperwork for land transfer, requiring stamp duty payment and registration at the sub-registrar office.
- Why it matters: Ensures legal validity and ownership.
- Demarcation, Boundaries, and Survey:
- What it is: Survey conducted by DILR and Circle Inspectors to mark land boundaries.
- Why it matters: Essential for understanding land limits.
- Claims and Family Disputes:
- What it is: Resolving outsider claims, family disputes, and succession entries before the sale deed.
- Why it matters: Avoids legal complications and ensures clear ownership.
- Agriculturist vs. Non-Agriculturist:
- What it is: Only agriculturists can buy agricultural land; non-agriculturists need District Collector's consent.
- Why it matters: Compliance with regulations for land purchase.
- Agreement to Sell:
- What it is: A document drafted by a legal advisor outlining sale terms and conditions.
- Why it matters: Establishes clear expectations between buyer and seller.
- Disputes, Litigations, and Encumbrances:
- What it is: Checking and resolving boundary disputes, litigations, and encumbrances before the sale deed.
- Why it matters: Avoids legal complications and ensures a clean property slate.
With Genuine Plots, empower yourself with knowledge to make informed decisions on your land journey in Maharashtra!
A Guide to Buying Land in Maharashtra(Urban Areas) Preservation of Trees Act, 1975
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Are you considering investing in land in Maharashtra? It's a venture that requires careful consideration of various factors, including legal aspects and local laws. Here's a simple guide by Genuine Plots that assist you in navigating intricacies and making well-informed decisions.
Understanding Local Laws:
While on the path to purchasing a land parcel in Maharashtra, it's crucial to be aware of local laws that may impact or restrict the transfer of land. One such law is the Maharashtra (Urban Areas) Preservation of Trees Act, 1975. This legislation regulates the felling of existing trees on the land, requiring the buyer to obtain permission from the tree officer. Additionally, for fragmented land, the provisions of the Fragmentation Act come into play.
The Complexity of Land Acquisition:
The issues highlighted above are just the tip of the iceberg, and other intricacies may affect land transactions in Maharashtra. The nature and manner of land acquisition can differ significantly, with instances where the land falls under the jurisdiction of special planning authorities or collectors. It's essential to understand the specific laws governing these authorities.
Variety of Land Categories:
Certain land parcels may have specific designations, such as devasthal, wakf land, Adivasi land, inam land, or evacuee property, each subject to distinct restrictions on the transfer or creation of rights. Moreover, in instances where the land is under the ownership of government bodies such as the MHADA; Maharashtra Housing and Area Development Authority, City and Industrial Development Corporation, or Maharashtra Industrial Development Corporation, the transaction might not constitute a sale but instead a lease for a specified duration.
Leasehold Considerations:
In the case of government-owned land, transactions may involve leasehold agreements rather than outright sales. Prospective lessees/sub-lessees must ascertain any restrictions on transferring leasehold land, as it may involve additional charges or premiums.
In conclusion, purchasing land in Maharashtra demands careful attention to legal nuances and local laws. Being well-informed and seeking professional guidance can make this journey smoother, ensuring that your investment aligns seamlessly with your aspirations.
Maharashtra Tenancy and Agricultural Lands (MTAL)Act 32 G: Simple Tips for Buyers
Are you considering buying land in Maharashtra? Here are some tips from Genuine Plots to ensure a smooth and informed transaction:
- Land Acquired under Section 32G of the MTAL Act:
If you're eyeing a property purchased by a tenant under Section 32 of the Maharashtra Tenancy and Agricultural Lands (MTAL) Act, be aware that the sale of such land requires prior sanction from the Collector. Ensure that necessary orders for the transfer of title to the tenant are in place.
- Access to Land Parcels:
Check if the road connecting to the land is a DP (Development Plan) Road. If it's a private road, confirm its ownership. If the seller doesn't own the road, ensure that the seller obtains a right of way simultaneously with the sale deed.
- Conducting Physical Survey of Land:
Discrepancies between the area mentioned in title deeds and revenue records are common. Conduct a physical survey of the land to accurately determine its size. This step is crucial. It can impact the amount you pay for the land.
- Discrepancy in the Description of Land Parcels:
Land parcels often undergo sub-divisions, leading to differences in survey numbers, gat numbers, or CTS (City Survey) numbers between title documents and revenue records. Map the old and new survey numbers and establish clear boundaries based on survey or CTS plans.
In a nutshell, before finalizing any land purchase, it's essential to verify the legal aspects, access to the property, and conduct a physical survey. These precautions not only ensure a transparent transaction but also help prevent potential issues down the road.
Buying land should be an exciting journey, and with Genuine Plots' guidance, you can confidently navigate the process. Genuine Plots is your trusted ally when navigating the paperwork for land purchases in Maharashtra. Their expertise streamlines the process, ensuring that legalities are meticulously handled. Their guidance ensures a smooth transaction, giving you peace of mind as you embark on your land acquisition journey.
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