NRI Buying Property in Ahmedabad: Documents, Power of Attorney, Payment and Tax

Yes, an NRI can buy property in Ahmedabad: a flat, a bungalow, an office, a shop or a non agricultural plot, with no RBI approval. An OCI cardholder can do the same. What you cannot buy is agricultural land, a plantation or a farm house. The money has to come through Indian banking channels, and Gujarat charges you the same 4.9% stamp duty and 1% registration fee as a resident.

Most of the work is in the paperwork, the power of attorney and the tax on the way in and the way out.

Can an NRI buy property in Ahmedabad, and what is off limits?

RBI’s Master Direction on acquiring immovable property says an NRI or an OCI “can acquire by way of purchase any immovable property (other than agricultural land/ plantation property/ farm house) in India”. It makes no distinction between residential and commercial property and puts no cap on the number of properties.

Two special cases. A foreign national spouse who is not an NRI or OCI may buy one property jointly with the NRI spouse, if the marriage is registered and has lasted at least two years. Citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong and North Korea need RBI permission, though the RBI FAQ says that bar does not apply to an OCI.

Land on the edges of the city can look like an easy investment plot, but if it is still agricultural land an NRI cannot buy it. Check the land’s status in the 7/12 record before you pay anything.

Which documents does an NRI need?

For the purchase itself, keep these ready:

• Passport, and your visa, work permit or residence permit as proof of NRI status (or the OCI card).
• PAN. From 1 April 2026 a PAN is needed for property deals above ₹20 lakh, and for deals above ₹45 lakh Form 97 cannot be used in its place, under the 2026 PAN rules.
• Overseas address proof and recent photographs.
• Statements of the NRE, NRO or FCNR account the money will come from.
• The power of attorney, if someone else will sign for you.

If you take a home loan, the bank adds income proof (salary slips, overseas bank statements) and will want copies certified by a notary abroad or the Indian consulate. On the property side, you need the same checks as any buyer: title, GujRERA registration for a new project, and the society papers for a resale. Our guide on checking a project’s RERA registration in Gujarat walks through the portal.

How does a power of attorney work from abroad, and what does Gujarat require?

If you cannot fly in for the signing, a family member in Ahmedabad can sign for you under a power of attorney. Three rules shape it.

First, how it is signed. Under section 33 of the Registration Act, a principal living outside India must execute the POA before, and have it authenticated by, a notary public, a court, a magistrate, or an Indian consul or vice consul. In a Hague Convention country, an apostilled document needs no further attestation by the Indian mission, the Indian consulate in Vancouver confirms. Some offices still ask for consular attestation, so ask the sub registrar and your bank before you sign.

Second, the Gujarat clock. Under section 18 of the Gujarat Stamp Act, an instrument signed only outside the state may be stamped within three months after it is first received in Gujarat. The 2025 amendment also stops the Collector from adjudicating it after those three months; it is then dealt with under section 33, with a late penalty of 2% of the deficit duty a month if you come forward yourself. The clock runs from arrival in Gujarat, not arrival in India.

Third, the duty. Under Article 45, most POAs pay ₹300: one only for registering documents, one for a single transaction, or a general POA.

A POA to sell property for consideration pays full conveyance duty. A POA to sell without consideration costs ₹300 only when given to a father, mother, brother, sister, spouse, son, daughter or grandchild. Son in law, nephew and friend are not on that list.

Our advice: draft a narrow POA for the purchase, naming the property, the seller and the acts allowed (sign, pay, present for registration, take possession). A wide general POA hands over more power than a purchase needs.

How must the money be paid?

Through banking channels only. RBI requires the price to come in as an inward remittance from abroad or as a debit to your NRE, FCNR(B) or NRO account; traveller’s cheques and foreign currency notes are not allowed. Pay every instalment from an identified account and keep the bank advices, because you will need them as evidence when you ask the bank to repatriate sale proceeds.

Home loans are available for a residential home.

RBI’s lending direction lets banks lend to NRIs on the same quantum, margin and tenure as residents. The loan cannot be credited to an NRE or FCNR account. EMIs can come from abroad, from NRE, FCNR or NRO accounts, from the property’s rent, or from a relative in India. The direction covers residential accommodation, so do not assume the same loan for an office or shop.

What tax applies when you buy, rent out and later sell?

All references are to the Income Tax Act, 2025, in force from 1 April 2026.

Two 2026 changes help. From 1 October 2026, a resident individual buying from an NRI pays the TDS with a PAN based challan on Form 141 instead of getting a TAN, under CBDT notification 121 of 2026. And Forms 15CA and 15CB, used when sending money abroad, are now Forms 145 and 146 under the 2026 rules.

When you sell, the TDS your buyer withholds is at the rates in force and can differ from the tax you finally owe. Apply to the Assessing Officer under section 395(1) for a lower or nil deduction certificate ahead of the sale. Also note that the option to compare 20% with indexation, for property bought before 23 July 2024, is limited to resident individuals and HUFs. These are the points to take to a chartered accountant who handles NRI returns.

Repatriation follows two separate routes under RBI’s Remittance of Assets direction and the property direction. Property bought with foreign exchange or NRE or FCNR funds: proceeds can go back, limited to two residential properties. Anything else: up to USD 1 million per financial year from your NRO account, after tax.

Can you buy without visiting Ahmedabad?

Yes. The steps that need a person on the ground are the site visit, signing the agreement and deed, presenting the deed at the sub registrar office for photographs and thumb impressions, and taking possession. A POA holder can handle most of them, but ask the sub registrar what it needs from you in person. Stamp duty and registration are the same as for residents; the Gujarat stamp duty examples show what a ₹75 L or ₹2.5 Cr purchase costs.

What we would not delegate is the choice of property. For a first purchase from abroad we suggest a project that is already under a GujRERA registration with clear possession dates, such as those on our Adani Shantigram comparison, or a ready flat where the title chain is short. We can do the shortlisting and site visits through our investment service while you are overseas, and the wider list of homes is on our buy page.

If you are planning a purchase from abroad, set up a call with us before you send the power of attorney for signature. We will check the draft against what the sub registrar and your bank will accept, so the three month clock is not wasted.