What Documents Does an NRI Need for Property Transactions in India?

I would make two separate checklists.

For the NRI personally:

• Passport
• PAN
• Overseas address proof
• Indian address proof, if applicable
• Visa/residency documentation where requested
• Recent photographs
• Bank/payment documents
• OCI card, if the person is an OCI rather than an Indian citizen

For the transaction/property:

• Existing title/sale deed documents
• Agreement to sell or builder agreement
• Property tax-related records, where applicable
• Encumbrance/title-related documents as applicable
• Registration documents
• Power of Attorney, if someone is acting for the NRI

The exact list isn't identical everywhere. State registration requirements, the type of property, whether you're buying from a builder or an individual, and whether you're physically present can all change what is required.

If you are using a POA, pay particular attention to how it needs to be executed and accepted by the relevant authority. A POA that was acceptable for one person's transaction isn't automatically acceptable for another.

Also, don't assume an NRI can purchase every category of property. RBI's guidance specifically excludes agricultural land, plantation property and farmhouses from the general permission for NRI purchase.

My experience was with a sale rather than a purchase. I live in the UK and sold a flat in Chennai that I had purchased before moving abroad.

The documents I was asked for included my PAN, passport, proof of overseas address and property-related documents. The buyer's side and my bank also had their own requirements, so there wasn't really one universal "NRI property document list."

The sale also made me realise that you should separate identity/KYC documents from property documents.

For example, your PAN and passport establish your identity, while the sale deed, previous title documents, property tax records and other papers relate to the property itself. The exact property-document checklist depends heavily on the property and state.

If you are selling, don't assume the documents needed for the original purchase will be enough. There can also be tax and remittance issues when the sale proceeds are sent overseas. RBI's published material contains specific rules concerning repatriation of sale proceeds by NRIs/PIOs, including conditions relating to how the property was acquired and the applicable limits.

I would get the sale-document checklist from the registrar/lawyer and the remittance requirements from your authorised dealer bank before completing the sale.

I bought an apartment in Pune while living in Canada, and the basic document list was fairly straightforward, although there were some additional KYC requests from different parties.

For my purchase, I had my Indian passport, PAN card, Canadian passport/immigration documents, overseas address proof and photographs. The bank also had its own KYC requirements because part of the purchase money was being transferred from abroad.

The biggest issue was actually the Power of Attorney. I wasn't going to be in India for the registration, so I arranged a POA for my brother. The exact execution and authentication process depends on where the document is executed and what the local registration authority accepts, so I wouldn't copy someone else's format blindly.

I would also keep copies of the property documents separately from your personal KYC documents. The seller's title documents are a different matter from the documents you provide as the purchaser.

One thing that helped was asking the builder for a written checklist specifically for an NRI purchaser and then asking the local sub-registrar's office what they would require for registration.

Also remember that FEMA rules apply to an NRI's acquisition and transfer of property. RBI's guidance says an NRI can generally purchase immovable property other than agricultural land, plantation property or a farmhouse.