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Can an NRI or OCI buy, inherit or gift this property? FEMA checker

NRIs and OCI cardholders can buy any house, flat, plot or shop in India, but not agricultural land, a plantation or a farm house. They can inherit any property, including farmland, and receive non-agricultural property as a gift from a close relative. Answer up to five questions to see whether your deal is allowed, not allowed or needs RBI approval.

Free · No sign-up · Runs privately in your browser· Figures checked 24 September 2026

FEMA check · up to 5 questions

Can you buy, inherit or gift this property?

Q1
Who are you, for Indian property rules?

It depends on where you live, not only your passport. An NRI is an Indian citizen who lives abroad for work, business or an open-ended stay.

General information, not legal advice. Based on the RBI Master Direction on acquisition or transfer of immovable property (updated 1 Sept 2022), the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (Rules 24, 25 and 31) and section 6(5) of FEMA, last checked on 24 Sept 2026. State land laws, the exact facts and later changes can alter the answer — confirm with a local property lawyer before you sign or pay.

How to use it

  1. Choose who you are for Indian property rules — NRI, OCI cardholder, foreign citizen or resident Indian.
  2. Pick what you want to do: buy, receive as a gift, inherit, sell, gift away, rent out or take on lease.
  3. Say what kind of property it is and, where it matters, who is on the other side of the deal.
  4. Read the verdict, the rule behind it and the notes on payment. Tap any answer to change it and compare.

Can an NRI or OCI buy agricultural land in India?

No. Rule 24 of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 lets NRIs and OCI cardholders buy any immovable property in India other than agricultural land, plantation property or a farm house. The bar applies whatever the source of the money, and buying jointly with a resident relative doesn’t get around it.

Houses, flats, commercial property and non-agricultural plots are open, with no limit on the number. Payment has to come through banking channels — money remitted from abroad or paid from an NRE, FCNR(B) or NRO account. Cash, traveller’s cheques and foreign currency notes are not allowed.

Can an NRI or OCI inherit agricultural land?

Yes. Inheritance is the one route that covers every kind of property, farmland included. An NRI or OCI can inherit from a person resident in India, or from someone who lived abroad and acquired the property lawfully under the foreign-exchange rules of the time.

Once you hold inherited farmland you can keep it, lease it to a farmer and sell it — but only to a person resident in India. State land laws still apply: some states, such as Himachal Pradesh, Maharashtra and Gujarat, restrict who can buy farmland at all, which narrows the pool of buyers.

Can an NRI receive property as a gift, or gift it to a resident?

An NRI or OCI can receive a house, flat, plot or shop as a gift from a relative — whether the relative lives in India or abroad. Agricultural land, plantations and farm houses can’t be gifted to them, even by a parent. ‘Relative’ follows section 2(77) of the Companies Act, 2013: spouse, father, mother, son, son’s wife, daughter, daughter’s husband, brother and sister. Grandparents, uncles and cousins are not on the list, so a gift from them needs RBI approval.

Going the other way is simpler. An NRI or OCI can sell or gift any property, including inherited farmland, to a person resident in India. Non-agricultural property can also go to another NRI or OCI — by gift only if they are a relative.

What about foreign citizens without an OCI card?

A foreign citizen living outside India — including one of Indian origin who hasn’t taken an OCI card — can’t buy property in India. The exception is Rule 25: a foreign-national spouse of an NRI or OCI may buy one non-agricultural property jointly with them, if the marriage is registered and has lasted at least two years.

Anyone living abroad may hold property inherited from a person who was resident in India (section 6(5) of FEMA) and may take property on lease for up to five years. Under Rule 31, citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Hong Kong, Macau and North Korea need RBI’s prior permission to acquire or transfer property, other than a lease of up to five years. That bar does not apply to OCI cardholders.

What happens to the money when an NRI sells?

The buyer deducts TDS and pays into your NRO account. From there you can send up to USD 1 million a financial year abroad after tax, with Forms 145 and 146 (the old 15CA and 15CB). If you originally paid for a home in foreign exchange, that amount can go back outside the limit — for up to two residential properties.

Before a sale, check the tax with our capital gains tools and ask the tax department for a lower TDS certificate if the gain is small. For a gift or will within the family, compare the options with a local property lawyer.

Questions people ask

No. NRIs and OCI cardholders can’t buy agricultural land, plantation property or a farm house under Rule 24 of the FEMA (Non-debt Instruments) Rules, 2019. They can inherit it, and they can buy any house, flat, plot or commercial property.

Yes. An OCI cardholder, like an NRI, can inherit any property in India — farmland included — from a person resident in India, or from someone abroad who held it lawfully. They can later sell it only to a person resident in India.

Yes. An NRI or OCI can gift any immovable property in India, including inherited farmland, to a person resident in India without RBI permission. Register the gift deed; many states charge lower stamp duty for close family.

No. FEMA doesn’t allow agricultural land, plantations or farm houses to be gifted to an NRI or OCI, even by parents. The parents can leave it to them in a will, or keep it and gift a house or flat instead.

Not while living abroad, except one non-agricultural property bought jointly with an NRI or OCI spouse after at least two years of registered marriage. They can inherit property from someone resident in India. Getting an OCI card brings them under the wider NRI rules.

Related tools

Inheritance Share Calculator

Exact shares for widow, sons, daughters, mother and grandchildren under Hindu law.

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NRI Repatriation Calculator

How many years to send your sale money abroad under the USD 1 million NRO limit.

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