Real estate in India has been constantly changing, with more opportunities for investment emerging every day.
Radiance, widely known as Chennai’s most loved developer, has always looked forward to aiding people in finding homes that truly reflect their dreams. With a number of breathtaking residential properties to our name, our passion to create unparalleled living spaces inspires us to create more.
Over the years, many have made rewarding investments with our help, making stunning Radiance homes their own. It would be our honour to help you make the investment of a lifetime.
Managing Director – Radiance Realty
Built on tradition and driven by innovation, Radiance Realty is a formidable force in the real estate industry. With over 70 years of experience in delighting families and reinventing lifestyles, Radiance Realty has crafted stunning infrastructure that is a testament to their prowess. Having tailored many new beginnings with flair, Radiance Realty hopes to create many more.
Who is an NRI?
An NRI is any citizen of India who is not residing in India and has resided in India for less than 182 days in the preceding financial year. NRIs have professional or other commitments which require them to live outside India for an indefinite period of time.
Who is a PIO?
A PIO is any citizen not of Pakistan or Bangladesh who has:
- At any time held an Indian passport
- Parents or grandparents who are citizens of India according to the Indian Constitution
- A spouse who is an Indian citizen or PIO (for the purpose of bank deposits)
A PIO can also buy real estate in India, and invest in Indian properties.
Who is an OCI?
An OCI is a person who is a citizen of another country, but also:
- Held an Indian citizenship at some point
- Was eligible for an Indian citizenship at the time of the commencement of the Indian Constitution
- Belongs to a territory that became part of India after Independence
With NRI investment in India growing at a large rate, an OCI can also buy real estate in India.
Who can purchase property in India?
According to guidelines laid down by the RBI, the following can purchase property in India:
- A Non-Resident Indian (NRI)
- A PIO
- An OCI
All three categories are generally referred to as NRIs for the purpose of opening bank accounts, for bank deposits, for purchasing property, etc. NRI investment in India shows great potential, and any of the aforementioned can buy real estate in India.
What property can NRIs buy?
The RBI allows NRIs to purchase immovable property in India including:
- Residential property
- Commercial assets
However, NRIs are forbidden from purchasing:
- Agricultural land
If you are looking for NRI investment in India and want to purchase one of these, you will need to specially apply to the RBI for permission and your case will be considered separately.
What documents are required by NRIs purchasing property?
NRIs looking to purchase property in India fall under two categories: salaried individuals and self-employed individuals.
What documents do salaried individuals need?
Salaried NRIs looking to invest and buy real estate in India should have the following documents:
- Indian passport
- PIO card/OCI card (if applicable)
- PAN card
- Power of attorney documents
- Latest salary pay slips for the past 6 months
- Income tax returns for the last 2 years
- Copy of employment contract
- Appointment letter (if applicable)
- Work permit (if applicable)
- Bank statement for the past 1 year from external bank account
- Bank statement for the last 1 year from Non-Resident External (NRE)/Non-Resident Ordinary (NRO) account
- Address proof
- Credit report
- Property related documents
What documents do self-employed individuals need?
NRIs who are self-employed individuals looking to buy real estate in India should have the following documents:
- PIO/OCI card (if applicable)
- Balance sheet of company for the last 3 years
- Profit and loss accounts for the last 3 years
- Bank account statement of individual account for the last 6 months
- Bank account statement of company account for the last 6 months
- Income tax returns from the last 3 years
- Address proof
- Power of attorney documents
- Credit reports
- Property-related documents
What property documents do NRIs need?
Anybody who wants to make an NRI investment in India should possess the following documents:
- Title Deed
- Authorized building plan
- NOC from Electricity Supply, Pollution Control Board, Water Department
- Sale agreement between builder and previous owner (if applicable)
- Possession letter from the builder
- Sale agreement
- Khata certificate and extracts
- Allotment letter
- Possession letter
- Encumbrance certificate (in case of there being a previous buyer)
- Occupancy certificate
Power of Attorney
NRIs who want to buy real estate in India need to appoint a power of attorney who can act on their behalf.
What are the different types of PoA’s?
There are three types of PoA’s for NRI investment in India:
- A Special PoA has only limited powers, usually restricted to a particular kind of transaction.
- A General PoA can act on behalf of an individual for a wide range of transactions without any limitations.
- A Durable PoA has lifetime powers and can even make decisions for an individual when they’re incapacitated.
What functions can a PoA perform?
With regard to real estate for NRI investment in India, a PoA can:
- Mortgage, exchange, sell, lease, collect rent on behalf of an individual
- Manage and settle any disputes which arise
- Perform acts required by banks and insurance companies and enter into contracts, deal with bonds, sign documents, etc.
Who should file income tax?
NRIs need to file income tax returns for investments if:
- Taxable income in India during that year was above Rs. 1.6 lakhs
- Short-term or long-term capital gains from sale of investments or assets were made (even below Rs. 1.6 lakhs)
What are the steps for granting PoA?
The following steps need to be completed to grant someone PoA status:
- Draft the PoA agreement on non-judicial stamp paper
- Visit Sub-Registrar’s office with legal representative and two witnesses
- Carry ID proof, two passport size photographs, copy of PoA agreement along with original
- Signatures, photographs and fingerprints of both parties will be collected
- Visit Sub-Registrar’s office again to collect registered PoA agreement once it’s completed
What are the guidelines for NRIs applying for a home loan?
If you are an NRI looking to buy real estate in India, loans can be made available. Here are the guidelines to follow for home loans that cater to NRI investment in India:
- Period of repayment and amount given as loan shall be decided by the bank providing the loan
- Rate of interest is decided by the RBI or National Housing Bank
- The loan amount will not be credit to the NRE/Foreign Currency Non-Resident (FCNR)/Non-Resident Non-Repatriable (NRNR) account
- Loan installments will be paid through normal banking channels
What documents do NRIs need for a home loan?
- Copy of passport
- Copy of work visa
- Address proof (utility bill, bank statement, lease agreement)
- Salary statement for the last 6 months
- NRE/NRO bank account statement for the last 6 months
- Power of attorney documents
- 2 passport size photographs
- Copy of PAN card
- List of documents for salaried/self-employed individuals as well
Who are exempted from filing income tax?
For those looking to make an NRI investment in India, you will be exempted from filing income tax returns if:
- Long-term capital gains were from equity shares or equity mutual funds
- If tax has been deducted at source from income through investments and or/capital gains income
How can NRIs file income tax returns?
There are three ways NRIs can file income tax returns:
- They can give power of attorney to someone to file their returns on their behalf
- They can send their documents to an agent in India
- They can file income tax returns online
How is Capital Gain Tax calculated for NRIs?
For NRI investment in India, some of the assets taxable under CGT include:
- House property
What is exempted under CGT?
Some of the assets which don’t fall under CGT include:
- Capital gains invested in NHAI bonds or in Rural Electrification Corporation
- If long-term capital gains from the sale of a house is invested in buying another house. In such cases, the amount exempted is either the amount of capital gains or the amount invested in buying the new house, whichever is lower
What guidelines has the RBI laid down for repatriation of funds?
If the property was bought through foreign exchange sources (through normal banking channels/ NRE debit/FCNR account), then amount repatriated cannot exceed:
- Amount paid in foreign exchange through normal banking channels
- Amount paid through NRE debit/FCNR account
If the property was bought with Indian rupees, NRIs who want to buy real estate in India can remit not more than 1 million USD per financial year from balance held in NRO account.
How is income from Selling or Renting Property taxed for NRIs?
For NRI investment in India, acquiring the property in itself is not taxable. However, the following are subject to income tax:
- Income gained from property in the form of rent
- Annual value of the house if it is not the only residential property owned by the individual
- Capital gains from sale of the property