A large share of enquiries for plots near Noida International Airport comes from Indians living abroad. The rules are clear on the big questions (you can buy a residential plot, you cannot buy farmland) but the details of payment, paperwork and tax matter, and the tax rules changed with the new Income-tax Act from 1 April 2026.
Key facts at a glance
- NRIs and OCIs may buy immovable property in India other than agricultural land, a farmhouse or plantation property
- Pay through banking channels: funds remitted to India or from NRE, FCNR(B) or NRO accounts; not by traveller’s cheque or foreign currency notes
- A power of attorney signed abroad can be notarised or attested by an Indian consulate, or apostilled, and must be stamped within three months of reaching India
- When an NRI sells, the buyer deducts TDS; long-term gains on land are taxed at 12.5%, without the indexation option available to residents
- Repatriation from an NRO account is allowed up to USD 1 million per financial year
What you can and cannot buy
Under Rule 24 of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019, a non-resident Indian (NRI) or an Overseas Citizen of India (OCI) cardholder may acquire immovable property in India other than agricultural land, a farmhouse or plantation property. The Reserve Bank of India’s FAQ treats NRIs and OCIs the same way, and there is no limit on the number of properties.
| Property | NRI / OCI may buy? |
|---|---|
| Residential plot, house or flat | Yes |
| Commercial property | Yes |
| Agricultural land, farmhouse, plantation | No (without specific approval) |
| Agricultural land received by inheritance | May be held; may be sold only to a person resident in India |
This is why the farmland pages on this site are for resident buyers. If you are an NRI interested in land near the airport, the route is a residential plot. See buying a plot near Jewar airport and our NRI corner.
How the money must move
Payment must come from funds received in India through normal banking channels, or from money held in an NRE, FCNR(B) or NRO account. The rules specifically exclude payment by traveller’s cheque or foreign currency notes. Keep the bank records: whether you paid from foreign-exchange funds decides how much of the sale proceeds you can later send abroad.
Applying in a YEIDA scheme
YEIDA’s RPS10/2026 brochure makes eligible “all Indians” who are not prohibited by the Government of India or the UP government from buying immovable property in Uttar Pradesh, subject to the other conditions (age 18 or over, one plot per applicant, individuals only). The brochure does not contain a clause naming NRIs or OCIs, and the application asks for a PAN. Applications and payments are online only.
OCI cardholders: check first. An OCI cardholder is a foreign citizen, and the brochure’s “all Indians” wording does not expressly address OCIs. Confirm eligibility with YEIDA in writing before paying registration money for a scheme. Buying a YEIDA plot on resale also needs the Authority’s transfer permission. See resale versus new allotment.
Giving a power of attorney from abroad
Most NRI buyers and sellers act through a power of attorney (POA) held by someone in India.
- Execution abroad. Under the Registration Act, 1908, a POA executed by a person living outside India can be authenticated by a notary public, a court or magistrate, or an Indian consul or vice-consul. India is a party to the Hague Apostille Convention, so a POA apostilled in a member country needs no further legalisation, according to the Ministry of External Affairs.
- Stamping in India. Under the Indian Stamp Act, a document executed only outside India may be stamped within three months after it is first received in India.
- Stamp duty in UP. An amendment to Article 48 in Uttar Pradesh, deemed in force from 28 December 2023, fixes duty of ₹5,000 on a POA to sell given to specified close family members (with proof of relationship), and charges duty as on a sale deed, on market value, when a POA to sell is given to anyone else or is irrevocable or given for consideration.
A POA lets someone act for you; it does not transfer ownership. Our guide to power-of-attorney and agreement-to-sell deals explains why that distinction matters.
Selling as an NRI: tax and repatriation
The Income-tax Act, 2025 replaced the 1961 Act from 1 April 2026, and several familiar section and form numbers changed.
| Topic | Position from 1 April 2026 |
|---|---|
| TDS by the buyer | A buyer paying a non-resident must deduct tax at source under Section 393(2) (formerly Section 195), at the rates in force |
| Lower or nil deduction | The seller (or the buyer) can apply to the Assessing Officer for a lower-deduction certificate under Section 395 (formerly Section 197) |
| Long-term or short-term | Land held for more than 24 months is a long-term capital asset |
| Long-term capital gains | 12.5% without indexation. The alternative of 20% with indexation for land bought before 23 July 2024 is available only to resident individuals and HUFs |
| Remittance forms | Forms 15CA and 15CB are now Forms 145 and 146 |
Repatriation. NRIs can remit up to USD 1 million per financial year from an NRO account. Sale proceeds of property bought with foreign exchange or NRE/FCNR funds can be repatriated, limited to two residential properties.
Common questions
Yes. NRIs and OCIs may buy immovable property in India other than agricultural land, a farmhouse or plantation property, so a residential or commercial plot is permitted. Payment must come through banking channels or from NRE, FCNR(B) or NRO accounts.
No. Agricultural land, farmhouses and plantation property are excluded from what NRIs and OCIs may acquire. An NRI who inherits agricultural land may hold it, and may sell it only to a person resident in India.
The RPS10/2026 brochure makes eligible all Indians not prohibited from buying property in UP, and asks for a PAN; it has no clause naming NRIs or OCIs. OCI cardholders in particular should confirm eligibility with YEIDA before applying.
The buyer deducts tax at source under Section 393(2) of the Income-tax Act, 2025 at the rates in force. The seller can apply for a lower-deduction certificate under Section 395 if the actual tax liability is lower.
Yes, if properly authenticated (by a notary, court or Indian consul, or by apostille) and stamped within three months of reaching India. In UP, a POA to sell given to someone outside the specified close family is charged stamp duty as on a sale deed.
Please verify before you commit. Foreign-exchange and tax rules are detailed and change by notification. This is general information, not tax or legal advice, take advice from a chartered accountant and advocate on your own position.
Buying from abroad? Talk to our team. We work with NRI buyers regularly.
Sources
- Reserve Bank of India: FAQs on acquisition of immovable property by NRIs and OCIs (updated 6 April 2023)
- Foreign Exchange Management (Non-debt Instruments) Rules, 2019, Rules 24 and 29 (notification S.O. 3732(E), 17 October 2019)
- Reserve Bank of India: FAQs on accounts of non-residents (16 January 2025)
- YEIDA: RPS10/2026 brochure (April 2026)
- Registration Act, 1908: Section 33
- Ministry of External Affairs: apostille
- Indian Stamp Act, 1899: Section 18
- Indian Stamp (Uttar Pradesh Amendment) Bill, 2024: Article 48
- Income-tax Act, 2025: Section 393; Section 395; Section 197
- Income Tax Department: form mapping guide (June 2026)