NRI Buying Property in Gurgaon: The 2026 Guide to Rules, Tax and Repatriation for Luxury Homes

For an NRI buying property in Gurgaon, the rules are simpler than most expect. NRIs and OCI cardholders can buy residential and commercial property in India without RBI permission, paying in Indian rupees through normal banking channels or from NRE, NRO or FCNR accounts. On a purchase of ₹50 lakh or more from a resident seller, such as a developer, the buyer deducts 1 percent TDS. If the home is sold after 24 months, the gain is taxed at 12.5 percent without indexation, and the sale proceeds can be sent abroad within RBI-set limits.

NRI Property Rules in India Under FEMA

Under FEMA rules for NRIs, a non-resident Indian or an Overseas Citizen of India can buy any number of homes, offices or shops in India. The only property types barred are agricultural land, plantations and farmhouses, which NRIs can hold only through inheritance.

Payment must be made in rupees. Traveller's cheques and foreign currency notes aren't allowed, so funds must arrive as an inward remittance or move from an Indian account in your name.

NRE, NRO or FCNR: Which Account to Pay From

The account you pay from today decides how much you can take back abroad when you sell. Money paid through inward remittance, or from NRE and FCNR accounts, counts as foreign exchange used for the purchase. That amount is what the RBI later allows you to repatriate from the sale.

Money paid from an NRO account, which holds income earned in India, does not count towards that limit. For luxury homes for NRIs, where the purchase price runs into crores, this single choice can decide whether you can repatriate your sale proceeds abroad in full.

NRI Home Loan for a Luxury Apartment

Indian banks and housing finance companies lend to NRIs and OCI holders for residential purchases. For loans above ₹75 lakhs, RBI norms cap the loan at 75 percent of the property value, so you contribute at least 25 percent from your own funds.

You can pay EMIs through inward remittance from NRE, NRO, or FCNR accounts, or from rent earned on the property in India. Loan repayments made in foreign exchange also count towards the amount you can repatriate after a sale.

TDS on Property for NRIs at the Time of Purchase

When you buy from a developer or any resident seller for ₹50 lakh or more, you must deduct 1 percent TDS from each payment and deposit it using Form 26QB with your PAN. On an ultra-luxury home, this becomes a large sum that is separate from the developer's demand letters, so plan it into every instalment.

GST also applies to under-construction homes at 5 percent without input tax credit. A ready home with an occupancy certificate attracts no GST. In Gurugram, stamp duty on registration is 7 percent for a man, 5 percent for a woman, and 6 percent for joint owners.

Capital Gains Tax When an NRI Sells Property in India

Surcharge and cess are added on top of the long-term rate. If you sell sooner, the asset is short-term, and the gain is added to your Indian income and taxed at your slab rate.

The buyer of an NRI's property must deduct TDS on the full sale price, not just the gain, and needs a TAN to do so. If your actual gain is small, apply to the Income Tax Department for a lower deduction certificate before the sale; otherwise, you wait for a refund after filing your return. Reinvesting a long-term gain in another residential house in India within the set time limits can reduce or remove the tax, though this exemption is capped at ₹10 crore of gain, a limit that matters at luxury price points.

Repatriation of Sale Proceeds for NRIs

RBI rules allow you to send sale proceeds abroad in 2 parts:

1. The amount originally paid in foreign exchange, including loan EMIs paid that way, for up to 2 residential properties.
2. Any balance through your NRO account, within the overall limit of USD 1 million per financial year.

Banks usually process each remittance against Form 15CA and a chartered accountant's certificate in Form 15CB, which confirms that tax on the sale has been paid. Keep your purchase payment records from day 1, because the bank will ask for them years later as proof.

NRI Power of Attorney for Property in Gurugram

If you cannot be in India for signing or registration, a family member or lawyer can act for you through a power of attorney. A POA signed abroad must be notarised and either attested at an Indian embassy or consulate or apostilled in a Hague Convention country. Once it reaches India, you must stamp it within 3 months before you can use it. Keep the POA specific to the property and the acts allowed, such as signing the agreement for sale and registering the deed.

Documents an NRI Needs to Book a Home in Gurugram

Keep a single folder ready before the launch date: passport, visa or OCI card, PAN card, proof of your overseas address, passport-size photographs, and recent statements of the account you will pay from. Developers also ask for an Indian address and phone number for communication, which can be a family member's. If someone will sign on your behalf, the power of attorney and the holder's identity documents go into the same folder.

NRI Investment in Gurugram's Ultra-Luxury Market

For an NRI buying top-end property in Gurgaon, Oberoi Realty is one developer to watch. Oberoi Realty named global Indians as one of the buyer groups for Three Sixty North, its first project in the National Capital Region. If you are weighing a home at Oberoi Three Sixty North from abroad, our team shares the official price sheet, floor plans and RERA documents on WhatsApp and email, so you can review everything before a site visit.

Register on oberoi.digital or call or WhatsApp +91 87962 55735 for updates on the next release.

Frequently Asked Questions

Can a foreign citizen buy property in Gurgaon?

A foreign citizen of Indian origin with an OCI card can buy residential property in Gurgaon on the same terms as an NRI. A foreign citizen without Indian origin who lives outside India generally cannot buy property in India, except through inheritance or a lease of up to 5 years, so check your status before you book.

Do NRIs need a PAN card to buy property in India?

Yes. You need a PAN to register a property purchase above ₹10 lakhs, to deposit TDS on the payments you make and to file returns on any rent or capital gains later. Apply for a PAN before booking, because developers ask for it with the application form and banks need it for every remittance.

Can an NRI buy property jointly with a resident family member?

Yes. An NRI can hold a property jointly with a resident relative, such as a parent, spouse or sibling. Each owner should pay their share from their own funds or accounts, because the payment trail determines each person's tax position and how much the NRI co-owner can later repatriate from a sale.

Can an NRI rent out a property in Gurgaon?

Yes. Rent from your Gurgaon property is credited to your NRO account and taxed in India. Your tenant must deduct TDS before paying rent to a non-resident landlord, and you can claim credit for it when filing your Indian return. Rent can also be used to pay the EMIs on your home loan.

Is OCI property purchase in India treated differently from NRI purchase?

No. For buying homes and commercial property, OCI cardholders follow exactly the same FEMA rules as NRIs, including the bar on agricultural land, plantations and farmhouses. Payment, home loan, and repatriation rules are the same, so an OCI buyer can follow every step in this guide without changes.

Do NRIs need to file an income tax return in India?

You need to file an Indian return if your income in India, such as rent or capital gains, crosses the basic exemption limit. Filing is also the only way to claim a refund when TDS deducted by a buyer or tenant is higher than your actual tax, which often happens after a property sale.

Rules in Force as of October 2026

This guide reflects FEMA, RBI and income tax rules in force in October 2026. Tax rates and procedures change with each Union Budget, so confirm your position with a chartered accountant before buying or selling. This article is for information only and is not tax or legal advice.