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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.
Your Simple Guide to Section 63 Maharashtra Tenancy and Agricultural Lands (MTAL) Act
When you're diving into the world of buying or selling land in Maharashtra, it's like navigating through a rulebook – and the key chapter you need to understand is Section 63 of the Maharashtra Tenancy and Agricultural Lands (MTAL) Act. Let's delve deeper to make your land transactions a breeze.
Getting to Know Land Transfer Rules:
In the language of Section 63 of the MTAL Act, transferring agricultural land to someone who's not a farmer needs a thumbs-up from the Collector or a state government official. But there are exceptions:
City Limits and Special Zones: If the land sits within a Municipal Council or Corporation or a Special Planning or New Town Development Authority area, then– no Collector permission is needed.
Non-Agri Plans: Lands earmarked for homes, businesses, or industries in regional plans or town schemes also get a pass.
Zone Certificate Detective Work:
To see if your land is in the clear, get your hands on a zone certificate from the competetent authority. If it says you're exempt, just pay the conversion fees when ready to build.
Cracking the Code for Industrial Plans:
- Bonafide Industrial Use: Section 63(IA) is your ticket to sell land without the Collector's permission for genuine industrial use. There's a list of what counts as genuine, but it's open to interpretation.
- Watch the Clock: If you're turning land into an industrial hub, make sure it's done within five years of buying it. Need more time? You can get another five years with a small fee.
Conversion Checklist:
Are you thinking of turning your farm into something else? If your land isn't in the clear from Sections 63(1C) or 63(IA) of the MTAL Act, get the conversion done before signing any sale papers. It's crucial because who applies for the conversion matters, and tax rules are different for farm and non-farm lands.
Now that Genuine Plots has unraveled these rules, your land dealings in Maharashtra should feel less like a puzzle and more like a straightforward journey.
When acquiring land, understanding the nuances of possession is crucial. Here, Genuine Plots will break down the types of possession every buyer should know in simple terms.
- Authorized Possession:
Obtained through ownership, grant, license, or lease.
Legitimate and sanctioned by relevant authorities.
- Unauthorized Possession:
Gained through encroachment or trespass.
Not sanctioned by authorities, potentially illegal.
- Wrongful Possession:
Conversion Without Approval:
Changing land use mandates permission under section 42 of the MLR Code 1966.
Possession becomes wrongful if the possessor alters land use without proper authorization.
Expired Lease or Tenancy:
Wrongful possession occurs if someone holds land after the lease or tenancy period expires.
This includes situations post-termination or breach of specified conditions.
State Government Lands:
If an individual occupies land vested in the State Government without authorization, it's deemed wrongful possession.
The Collector holds the right to evict such occupants, especially in areas reserved for government use, like grazing lands.
- Adverse Possession:
Title Acquisition Through Time:
Ownership title can be acquired by extended possession, even if gained through unconventional means.
Once adverse possession is proven, the original owner forfeits rights to the property.
More Than Physical Possession:
Mere physical possession isn't sufficient for acquiring title.
Regular registration in the possessor's name via Village Form VII-B during crop inspections is a requisite.
Legal Safeguards and Limitations:
Adverse possession is protected by a statute of limitations.
If the possessor maintains control for over twelve years, the true owner loses the right to challenge adverse possession.
Changing Land Dynamics:
Migration of landowners to developed areas left their lands exposed.
Local residents, cultivating abandoned lands with peaceful and continuous possession, gained legal ground through the "village form."
Legal vs. Illegal Possession:
Legal possession, backed by proper documentation, is safeguarded by law.
In contrast, illegal possession faces discouragement by legal provisions, outlined in the MLR Code, 1966, Section 59.
Collector's Authority:
Under Section 59, the Collector holds the power to summarily evict any person wrongfully occupying land due to legal constraints or conditions annexed to the tenure.
Key Points for Buyers:
Legal Protection: Legal possession is safeguarded by law, offering security to rightful owners.
Illegal Risks: Unauthorized possession is discouraged by law and may lead to eviction.
Wrongful Actions: Changing land use without permission or violating lease terms can lead to wrongful possession.
Adverse Possession: After 12 years of continuous possession, the possessor may acquire title rights.
Implications for Land Buyers:
As a prospective buyer, understanding the possession status is vital. Legitimate ownership ensures legal protection, while unauthorized or wrongful possession may lead to legal complications. Adverse possession, if unaddressed, can impact the rightful owner's claims over time.
Protective Measures:
Buyers should conduct due diligence:
Verify ownership and possession details.
Check for any unauthorized or wrongful possession issues.
Be cautious about land with a history of adverse possession.
Wrap Up
Legal possession is your shield, while unauthorized or wrongful possession poses risks. It's crucial to navigate the complexities of land possession to make informed decisions. Always consult legal experts or the Genuine Plots’ expertise and ensure proper documentation to safeguard your investment. Remember, knowledge is your strongest ally in the realm of real estate.
The sale deed emerges as a pivotal legal instrument, substantiating the transfer of property ownership from the seller to the buyer. For a seamless and legally secure property transfer, a profound comprehension of its fundamental components becomes indispensable.
Property Description:
This section provides a detailed description of the property being transferred. It covers aspects like plot size (in square meters), carpet area (for apartments), land registration number, construction details (including the construction date), exact location, and surrounding features. A schedule, along with a graphical representation, may also be attached to further elaborate on these details.
Details of the Parties:
The sale deed begins by detailing information about the involved parties—the seller and the buyer. This includes their names, addresses, contact details, occupations, ages, and the date of the sale deed's execution. If one party delegates the power to execute the deal through a Power of Attorney (PoA), those details are also included.
Sale Consideration:
The sale consideration is a critical component representing the mutually agreed-upon price at which the property is sold. This amount is mentioned in both figures and numbers within the sale deed to avoid any confusion between the buyer and the seller.
Transfer of Title:
This clause, often referred to as "Words of Conveyance," signifies the transfer of ownership from the seller to the buyer. It outlines the seller's intention to transfer the property's ownership to the buyer. The transfer of title makes the buyer the absolute owner of the property, either immediately or after a specific period.
Indemnity Clause:
The indemnity clause ensures that the property being sold is free from encumbrances. The seller declares that there are no liabilities attached to the property, such as loans, arrears, charges, taxes, water charges, electricity charges, and house tax. The seller certifies that all encumbrances are cleared and that the property is free from litigation.
Understanding these key components is crucial for both buyers and sellers in ensuring a transparent and legally sound property transaction. Additionally, it is essential to register the sale deed at the office of the Sub-Registrar of Assurances, as mandated by the Registration Act, 1908. This registration serves as conclusive proof of ownership.. A well-drafted sale deed with clear and comprehensive components is the cornerstone of a successful property transfer, offering security and transparency to all parties involved.
Set forth on your path to land ownership with assurance, backed by Genuine Plots. Our unwavering team is dedicated to delivering effortless paperwork support, guaranteeing a stress-free process in your land acquisition. Connect with us today, and let our committed experts lead you through, ensuring that your journey to land ownership is not only smooth but also filled with confidence.
Difference Between Agreement for Sale vs. Sale Deed Essential Insights for Plot Property Buyers
In the realm of real estate transactions in Maharashtra, a sequence of legal documents comes into play, each with its distinct role in facilitating the property transfer process. Among these crucial documents, the Agreement for Sale and the Sale Deed stand out, serving as pivotal instruments in guaranteeing a transparent and legally secure property transfer.
Understanding Agreement for Sale:
The Agreement for Sale, commonly referred to as the "Agreement to Sell" in the context of Maharashtra, serves as an initial understanding between the buyer and seller, outlining terms and conditions prior to the ultimate sale.This document outlines the terms and conditions, including property details, sale price, payment schedule, and possession date. It establishes the intention to sell/buy and serves as an essential understanding between the parties.
Key Points:
- Regulated by the provisions in Section 54 of the Transfer of Property Act.
- Registration is optional but recommended.
- Contains vital specifics such as property description, sale price, and payment schedule.
- Legal status: Establishes an intention to sell/buy.
Understanding Sale Deed:
The Sale Deed, also known as a Conveyance Deed, is the final legal document completing the transfer of ownership. Governed by the Registration Act, it contains comprehensive transaction details, including property specifics, final sale price, and terms and conditions. Once duly signed and registered, it legally transfers ownership from the seller to the buyer.
Key Points:
- Subject to the regulations stipulated in both Section 54 of the Transfer of Property Act and the Registration Act.
- Compulsory registration in Maharashtra.
- Contains all crucial details of the transaction.
- Legal status: Conclusively transfers ownership.
Key Differences:
- Nature of Document: Agreement for Sale is preliminary; Sale Deed is the final transfer document.
- Legal Status: Agreement for Sale establishes intention; Sale Deed completes the sale.
- Registration Requirement: Agreement for Sale registration is optional; Sale Deed registration is compulsory.
Conclusion:
While the Agreement for Sale initiates the property transaction, the Sale Deed concludes it by legally transferring ownership. Both documents hold distinct legal significance, and understanding their implications is crucial for a smooth property transfer process. Seek expert guidance from Genuine Plots for transparent transactions and guidance throughout the paperwork involved in buying plots.
With Genuine Plots' expertise, embark on a journey of transparent transactions and seamless property dealings when buying plots. Our commitment is to provide assistance and clarity, ensuring a secure and legally sound experience for every property transaction. Trust Genuine Plots for your peace of mind in real estate.
Have you heard about Malmatta Patrak? It's like a magic key that unlocks the secrets of property ownership in Maharashtra. Let's dive into the world of Malmatta Patrak, also known as the Property Card, and discover why it's so important.
Understanding Malmatta Patrak:
Imagine Malmatta Patrak as your property's birth certificate. It's a certified document from the government that tells the story of who owns the land and its history. In cities, it's called a Property Card, while in the rural area, it goes by the name 7/12 extract.
City vs. Rural area: Property Card vs. 7/12 Extract:
Property cards are like urban superheroes, revealing the secrets of city property ownership. On the other hand, 7/12 extracts are the rural warriors guarding the details of land ownership in the countryside.
Why Malmatta Patrak Matters:
Certifying the Real Owner:
It's like a superhero ID for your land, certifying you as the real owner in urban areas.
Detecting False Claims:
Malmatta Patrak helps sniff out any false claims on urban lands, ensuring the real owner is recognized.
Avoiding Land Grabbing:
With Malmatta Patrak, land grabbing becomes a thing of the past. It's your shield against unauthorized takeovers.
Legal Hassle-Free Future:
Hold on to your Malmatta Patrak, and you'll breeze through any legal challenges related to your land in the future.
Practical Uses of Property Card:
Buying Land:
Before you buy land in Maharashtra's urban areas, check the seller's Property Card to ensure they are the rightful owner.
Buying a Flat:
When buying a flat, make sure to peek at the land's ownership details using the Property Card.
Court Litigations:
If there's ever a court battle related to your land in the city, your Property Card becomes your legal sword.
Details Inside the Magic Document:
Inside your Malmatta Patrak, you'll find:
The landowner's name and any changes in ownership.
Survey number and location of the land.
Plot number and the area of the land in square meters.
Records of any loans taken by the landowner.
Information on pending litigations.
A rundown of taxes, paid and unpaid.
Malmatta Patrak is your guardian and proof of ownership. So, if you're in Maharashtra and own land, ensure you know where your Malmatta Patrak is – it's your key to a worry-free land journey!
Ready to Make Your Land Journey Smooth?
Take the help of Genuine Plots for seamless paperwork assistance when buying land. Our team is here to guide you through the process and ensure your property ownership is a hassle-free experience. Contact us today to embark on your land ownership journey with confidence!
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