FAQs

FAQs – Real Estate for NRIs & Foreign Investors

Yes, NRIs (Non-Resident Indians) and Persons of Indian Origin (PIOs) can purchase residential and commercial properties in Uttarakhand, including luxury real estate in Uttarakhand and high-end villas in Mussoorie. However, they are restricted from purchasing agricultural land without specific permissions. Foreign nationals, except those of Indian origin, cannot buy property in India without prior permission from the Reserve Bank of India (RBI).

NRIs and PIOs can buy residential or commercial properties, such as luxury homes in the Himalayas or investment properties in Uttarakhand, without prior approval from the RBI. However, they cannot purchase agricultural land, plantation property, or farmhouses unless they obtain special permission for investment in holiday homes or wellness resorts.

NRIs need to have an Indian passport or an OCI (Overseas Citizen of India) card to purchase real estate for NRIs in India, whether it’s premium property in Uttarakhand or vacation homes for NRIs. They must also have a PAN (Permanent Account Number) card for tax purposes and follow local property laws, particularly for purchasing exclusive properties in Uttarakhand.

NRIs can finance property purchases through their NRE (Non-Resident External), NRO (Non-Resident Ordinary), or FCNR (Foreign Currency Non-Resident) bank accounts. They may also take out home loans from banks that offer property financing in Uttarakhand for NRIs investing in luxury real estate opportunities in India, such as bespoke luxury villas or second homes in India.

Yes, NRIs are subject to taxes such as stamp duty, registration fees, and capital gains tax if they sell properties like luxury villas in Uttarakhand. Rental income from high-end properties is also taxable. However, NRIs can benefit from deductions on home loan repayment under Section 80C. If there is a Double Taxation Avoidance Agreement (DTAA) between India and the NRI’s resident country, it can help avoid paying taxes in both countries.

NRIs need the following documents to purchase real estate in Uttarakhand:

  • Proof of Indian citizenship (Indian passport or OCI card)
  • PAN card
  • Address proof (both Indian and overseas addresses)
  • Passport-sized photographs
  • Power of Attorney (if purchasing through a representative)
  • Proof of income (for financing) This documentation is crucial for buying luxury properties like villas in Uttarakhand's hill stations or bespoke homes in Uttarakhand.
No, NRIs do not need to be physically present to buy property in Dehradun, prime land in Rishikesh, or other luxury real estate in Uttarakhand. They can appoint a trusted representative with a Power of Attorney (PoA) to complete the process on their behalf, ensuring a seamless transaction for properties such as gated communities in Uttarakhand.

NRIs can repatriate the sale proceeds of up to two residential properties or one commercial property, including investment properties in Uttarakhand or luxury homes in the Himalayas. The repatriation amount is capped at the cost of the property in foreign exchange, provided the funds were initially remitted through NRE or FCNR accounts. Capital gains are subject to taxation under Indian laws.

The legal process for NRIs buying real estate in Uttarakhand is similar to domestic buyers but includes additional requirements such as proof of Indian origin. NRIs may also need to rely on a Power of Attorney for completing transactions involving custom-built villas in India or secure property investment in Uttarakhand. Currency regulations under FEMA (Foreign Exchange Management Act) also apply.

Yes, NRIs must pay TDS when selling property in India, including luxury property sales in India or vacation homes in Uttarakhand. The TDS rate is higher for NRIs (around 20%) than for domestic sellers, but they can claim refunds if the tax deducted exceeds their tax liability or if they qualify for capital gains exemptions.

A non-domicile person refers to someone who is not a permanent resident of Uttarakhand, including NRIs and foreign investors. Non-domiciles can invest in luxury real estate in Uttarakhand, such as bespoke homes in Uttarakhand or investment in Nainital, but may face restrictions on purchasing agricultural land.

Non-domicile individuals, including NRIs, generally cannot purchase agricultural land in Uttarakhand. However, under certain government-approved projects, such as wellness resorts, holiday homes, or wedding destinations, non-domiciles may receive special permissions to buy agricultural land for these specific purposes.

The Uttarakhand government offers various incentives for investments in the tourism and hospitality sectors, such as:

  • Tax Exemptions for projects like luxury retreats in India or eco-friendly homes in Uttarakhand.
  • Subsidies for Infrastructure Development, particularly in areas like mountain view homes in India or gated communities in Uttarakhand.
  • Fast-Tracked Approvals for projects involving tourism infrastructure, luxury villas, or exclusive properties in Uttarakhand.

Construction in Uttarakhand's hill stations, such as Mussoorie or Almora, requires several approvals, including:
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The Uttar Pradesh government offers several incentives and support measures for real estate and infrastructure projects, especially in areas like Lucknow, Agra, and along the Yamuna Expressway. These include:

  • Tax Exemptions and subsidies on land acquisition for industrial, commercial, and tourism projects.
  • Infrastructure Development Subsidies for setting up industrial parks, logistics hubs, and luxury real estate projects.
  • Fast-track approvals and a single-window clearance system for large investment projects under the Uttar Pradesh Industrial Investment and Employment Promotion Policy.

The Yamuna Expressway has become a real estate hotspot due to its strategic location connecting Noida and Agra. Some key reasons to invest in this region include:

  • Proximity to the upcoming Jewar Airport, boosting demand for commercial and residential properties.
  • Excellent connectivity to Delhi NCR, attracting businesses, developers, and high-end projects.
  • Availability of prime land at competitive prices, suitable for setting up luxury villas, industrial parks, and commercial hubs.

Agra is a major tourist destination due to the Taj Mahal, but the city is also rapidly developing into a business and investment hub. Key opportunities in Agra include:

  • Tourism-related projects such as hotels, luxury retreats, and wellness resorts.
  • Commercial spaces for industries like manufacturing, logistics, and retail, due to Agra's strategic location along major highways.
  • The availability of prime land for residential development, particularly for luxury homes and high-end villas catering to tourists and local HNIs.

Lucknow, the capital of Uttar Pradesh, is one of the fastest-growing Tier-2 cities in India, offering significant opportunities for real estate development:

  • The city's infrastructure is expanding with projects like metro rail, new flyovers, and expressways, making it an ideal destination for commercial real estate and luxury property development.
  • IT Parks and smart city projects have created a demand for residential apartments, luxury villas, and commercial spaces.
  • Government initiatives under the Smart City Mission and Ease of Doing Business reforms make Lucknow an investor-friendly destination.

Aligarh offers untapped potential for real estate developers due to its strategic location near the Yamuna Expressway and proximity to Delhi NCR. Some opportunities include:

  • Investment in industrial parks and logistics hubs as part of the Uttar Pradesh government’s push for industrialization and trade.
  • Residential projects like luxury villas or gated communities that cater to the growing population of professionals and businesses moving to Aligarh.
  • Educational and commercial projects, particularly around Aligarh Muslim University (AMU), making it a prime location for real estate investments.

Uttar Pradesh has significantly improved its Ease of Doing Business (EoDB) ranking in India, thanks to reforms aimed at simplifying procedures for setting up businesses. Investors benefit from:

  • A single-window clearance system for faster approvals.
  • A supportive government policy framework under the Uttar Pradesh Industrial Investment and Employment Promotion Policy.
  • Streamlined land acquisition processes, tax incentives, and assistance in acquiring necessary permits for real estate development in cities like Lucknow, Agra, and the Yamuna Expressway region.

Key real estate investment hotspots in Uttar Pradesh include:

  • Yamuna Expressway: Prime for luxury real estate and commercial projects, driven by infrastructure developments like Jewar Airport.
  • Agra: Offers opportunities in tourism and hospitality real estate.
  • Lucknow: A rapidly growing market for residential, commercial, and smart city projects.
  • Aligarh: Emerging as a hub for industrial real estate and residential projects, with proximity to major highways and educational institutions.
  • Noida: The most developed city in the NCR region which is also known as the apparel city. Home to many MNCs and manufacturing companies, Noida is the fastest growing city in the state of Uttar Pradesh.

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