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Property Purchase Due-Diligence for NRIs

Buying property in India from abroad? Verify everything before you pay.

Transfer of Property Act + Registration Act + FEMA, 1882 / 1908 / 1999 · Title, encumbrance & NRI purchase rules

Overview

Buying Indian property from abroad is where NRIs lose the most money: forged title chains, one property sold to multiple buyers, undisclosed mortgages, and agricultural land NRIs cannot legally hold under FEMA. Every one of these is detectable before payment — a 30-year title search, encumbrance certificate, litigation check, RERA verification of the project, and FEMA compliance review. We complete the entire due-diligence remotely, then handle the agreement, payment safeguards, and registration through your POA.

Key Provisions — Transfer of Property Act + Registration Act + FEMA, 1882 / 1908 / 1999

  • FEMA: NRIs can freely buy residential and commercial property, but not agricultural land, plantations, or farmhouses.
  • A 30-year title search plus Encumbrance Certificate reveals prior sales, mortgages, and attachments on the property.
  • RERA registration check confirms the project is lawful and reveals the builder's delivery record and pending complaints.
  • Payment routed through proper banking channels (NRE/NRO) with a registered Agreement to Sell protects both the money and repatriation rights.

What You Can Get

Verified, marketable title before you pay
Detection of fraud before loss
FEMA-compliant purchase structure
Safe registration completed via POA

How We Handle It

1

Title Search

30-year chain of title, encumbrance certificate, and litigation search on the property.

2

Project & Seller Check

RERA status, approvals, seller identity and authority verified.

3

Agreement & Safeguards

Agreement to Sell with staged, protected payments; FEMA-compliant funding route.

4

Registration via POA

Sale deed executed and registered through your attorney; mutation completed.

Typical timeline: Full due-diligence 2–4 weeks · registration per state schedule.

Frequently Asked Questions

Can I buy agricultural land in India as an NRI?

No — FEMA bars NRI purchase of agricultural land, plantations and farmhouses (inheritance is allowed). Sellers who say otherwise are your first red flag.

The builder wants the full amount before registration — normal?

A serious red flag. Payments should track the registered agreement's milestones, and the final tranche should coincide with registration.

Legal Connect connects you with independent advocates across India; we are not a law firm and this page is general information, not legal advice. We work with NRI clients worldwide — call +91 22 6555 3444 or WhatsApp us in your timezone.

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