Can A Green Card Holder Buy Property In India? – Best Real Estate Company Kolkata, India | Top Building Developers Kolkata – Emami Realty Limited (2024)

July 16, 2022

Can a green card holder buy property in India? Do you have the same question? Then the answer is ‘yes’. A green card holder can invest in an Indian property as per the Foreign Exchange and Management Act (FEMA) provisions.

An NRI can purchase any residential or commercial property in India except agricultural land, a plantation property, or a farmhouse.

In recent years Indian real estate has turned out to be a lucrative area for investment. As it is not volatile like the share market, more and more eyes are diverting toward real estate. Additionally, Indian real estate has experienced a sudden boom due to the Covid-19 pandemic of 2020. People are trying to invest in houses in their homeland to stay closer to their near and dear ones. This has led to a demand for ready-to-move-in homes.

What properties can be purchased by green cardholders?
A green card holder can buy any type of residential or commercial property in India. Other properties like agricultural land, plantation property, or farmhouse do not come under this scope.

Important documents for purchasing the property-
The main documents required for purchasing any residential or commercial property in case you are a green card holder are generally – address proof, your passport, passport size photograph and PAN card (if you’ve any inheritance).

The process of document verification can be performed personally. You can also appoint a credible person for property registration. You will have to provide them with the Power of Attorney. This gives them the power to sign on your behalf.

Must-know pointers to follow before buying Indian property-
Even a green card holder can avail of home loans for purchasing property in India.
Your trustworthy individual who has the Power of Attorney will need to present a copy of their PoA to the concerned authorities.
A green card holder is required to pay the taxes, registration fee, post-purchase taxes, and GST (for an under-constructed house) just like any other Indian.
Investment in Indian property can also be used for earning rental income. You can rent out ready-to-move-in houses. The rent earned will be repatriated to your account as per the FEMA rules.

Can A Green Card Holder Buy Property In India? – Best Real Estate Company Kolkata, India | Top Building Developers Kolkata – Emami Realty Limited (2024)

FAQs

Can A Green Card Holder Buy Property In India? – Best Real Estate Company Kolkata, India | Top Building Developers Kolkata – Emami Realty Limited? ›

A green card holder can invest in an Indian property as per the Foreign Exchange and Management Act (FEMA) provisions. An NRI can purchase any residential or commercial property in India except agricultural land, a plantation property, or a farmhouse.

Can I buy property in India from the USA? ›

Can US citizens buy property in India? Yes, a US citizen can purchase property in India. As per the regulations set by the RBI and FEMA, they are eligible to buy immovable property in India which includes residential and commercial properties.

Can I buy a house if I have a green card? ›

Green card holders can buy a home. As a green card holder in the United States, you are generally allowed to purchase and own real estate, including a home. Green card holders have the same property rights as U.S. citizens, which means you can buy, sell, and own property just like any other homeowner.

What are the benefits of green card holder in India? ›

Immunity against future changes in immigration rules that could hurt your temporary permit. Access to security clearances, eligibility for government grants, and exemption from export restrictions.

Can a foreigner invest in real estate in India? ›

Foreign nationals, regardless of residency, cannot buy property in India unless they meet the residency requirement of 182 days in a financial year. It is illegal for them to own property in India or to purchase property on a tourist visa. Our Indian lawyers will explain more about the eligibility criteria.

Can a green card holder buy property in India? ›

A green card holder can invest in an Indian property as per the Foreign Exchange and Management Act (FEMA) provisions. An NRI can purchase any residential or commercial property in India except agricultural land, a plantation property, or a farmhouse.

Can you buy property in India without OCI? ›

NRI Guide to Buy Property in India

Both NRIs and OCI have the permission to buy both commercial and residential property in India. You do not need to submit any intimation or send any communication to the Central Bank for the purchase of a property. NRIs cannot buy agricultural land, plantation or farmhouses in India.

Can a green card holder get an FHA loan? ›

FHA insures mortgages for borrowers with lawful permanent resident alien status, using the same terms and conditions as those for U.S. citizens. include evidence of the permanent residency, and indicate that the borrower is a lawful permanent resident alien on the Uniform Residential Loan Application (URLA).

Can green card holders apply for a mortgage? ›

Non-citizens who are lawful permanent residents, with the proper documentation, such as a valid green card, social security number, and two years of verifiable income, may even qualify for government-insured mortgages, which have the advantage of requiring low down payments.

Does green card count as permanent residence? ›

A Green Card holder is a permanent resident that has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, U.S. Citizenship and Immigration Services (USCIS) grants a person a permanent resident card, commonly called a "Green Card."

Can you live in India with US green card? ›

A re-entry permit allows green card holders to stay outside the U.S. for up to two years without losing their permanent residency status. However, it's essential to provide documentation supporting your need for an extended absence, such as medical records and doctor's statements.

How long can a US green card holder stay in India? ›

Can I travel outside the U.S. with a green card? Yes, you can travel abroad as a green card holder — that's one of the many benefits of being a permanent resident. However, your trip must be temporary and you cannot remain outside the United States for more than 1 year.

How long green card holder can live in India? ›

A green card holder can remain outside the U.S. for up to one year without impacting their permanent resident status. If they plan to remain outside the U.S. for more than one year, they may be considered to have abandoned their permanent resident status and may be denied entry upon their return to the U.S.

Can I sell my house in India and bring money to USA? ›

There's not usually any US tax implication if you're sending money from the sale of a property you own in India to the US. However, depending on the amounts involved you may need to report this transfer using IRS Form 3520.

Is it worth buying property in India for NRI? ›

Potential capital appreciation, rental income, and portfolio diversification are the reasons why real estate is still the best investment in India for NRIs. However, it is important to understand the legal requirements and risks involved in the investment process.

Can I sell property in India and buy property in USA? ›

Is it possible to sell property in India if you are a Non Resident Indian (NRI) currently living in the US? The answer is yes, but the real estate process can be cumbersome. Often selling Indian property isn't the hardest part. Getting the funds to the US is tricky, and the sale may have unanticipated tax implications.

How can a US citizen invest in India? ›

To invest in shares of India's listed companies, foreign investors have to use the foreign portfolio investment (FPI) route. Investors, whether individuals or firms, need to be registered with country's markets regulator and adhere to its disclosure requirements. Most of the 10,800 FPIs are funds.

Is property sold in India taxable in USA? ›

Tax on Worldwide Income: The US taxes its citizens on their worldwide income. This means that any capital gains from the sale of your property in India will be subject to US tax.

Is it worth buying property in India? ›

The average rental yield in India is around 2-3%. This means that for every ₹100,000 you invest in a property, you can expect to earn around ₹2,000-3,000 in rent each year. So, for a property worth 1 crore, you can expect to earn a rent of around 3 lakhs a year. However, you will not get to keep all of this money.

What is the tax rate for NRI buying property in India? ›

TDS with 20% shall be levied when the NRI bought the property via the non-resident and LTCG is taken. On purchasing via resident, NRI should deduct a 1% TDS when the sale rate surpasses Rs 50 lakh. Up to 80% of the whole property value, NRI can avail for the home loans.

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