Restricted by land type
Property & Real Estate in India
Non-residents face restrictions in India based on what kind of land it is and what kind of entity is buying.
GCC business setup specialists
Two separate restrictions, often confused
The first is land type: non-residents generally cannot acquire agricultural land, plantation property or farmhouses, whatever their other entitlements. The second is entity type: a foreign company may acquire property only where it is incidental to a permitted business activity conducted through an approved presence, and a liaison office does not qualify. Getting either wrong means an acquisition that cannot complete or cannot be held.
- Land type and entity type restrictions checked separately
- Project and agent registration verified where you are buying
- Withholding on purchase handled at the right time
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Two restrictions
What non-residents can and cannot acquire
Both tests must be satisfied.
| Question | Position |
|---|---|
| Agricultural land | Generally not available to non-residents. |
| Plantation property and farmhouses | Generally not available. |
| Residential and commercial property | Available to certain categories of non-resident. |
| Foreign company | Only incidental to permitted business through an approved presence. |
| Liaison office | Does not qualify to acquire. |
| Withholding on purchase | Applies on payments to the seller. |
Acquisition restrictions by land type and entity, project regulation requirements and withholding obligations are set by law and change. Your specific position is checked before you commit.
How it works
Working through an acquisition
Eligibility, then the project, then tax.
01
Test eligibility twice
Whether the land type is available to you at all, and whether your entity type is permitted to acquire it.
02
Verify the project
Whether the project and the agent are registered as required, and whether buyer protections such as escrow apply.
03
Complete correctly
Withholding on payments to the seller handled, documentation completed and registration effected.
- The specific property and its location
- How the land is classified
- Whether it is agricultural or plantation land
- Whether the buyer is an individual or entity
- The buyer’s residency status
- Where any company is incorporated
- Whether the company has an approved Indian presence
- Whether the purchase is incidental to business activity
- Whether the project is registered
- Purchase price
- Whether financing is involved
- Whether a deposit has already been paid
Scope
What is included, and what is not
Stated plainly, so nothing is added once the engagement starts.
Included in the service fee
- Eligibility assessment by land type
- Eligibility assessment by entity type
- Project and agent registration verification
- Guidance on buyer protections
- Withholding obligation on purchase payments
- Co-ordination with conveyancing
- Documentation review for the acquisition
- Guidance where acquisition is not permitted
Not included, quoted separately
- Purchase price and stamp duty
- Registration charges
- Legal and conveyancing fees
- Title due diligence by a lawyer
- Valuations and surveys
- Property finance arrangement
- Property management and letting
- Estate agency services
Verify independently
Official Indian authorities
We file directly with these bodies on your behalf.
Directorate General of Foreign TradeCustoms authoritiesState pollution control boardsFood safety authorityState excise departmentsReal estate regulatory authorities
Questions
India property — FAQs
Can a non-resident buy property in India?
Certain categories of non-resident can acquire residential and commercial property, but agricultural land, plantation property and farmhouses are generally not available.
Can my foreign company buy property?
Only where the acquisition is incidental to a permitted business activity carried on through an approved presence. A liaison office does not qualify.
What is project registration?
Residential projects and agents must be registered with the state regulator, with buyer protections including escrow arrangements for project funds. We verify it before you pay.
Is there withholding on purchase?
Yes, on payments to the seller, with the buyer responsible for deducting and remitting. Missing it makes the buyer liable.
I have paid a booking amount — what now?
We check eligibility and project registration immediately. Establishing both before payment is always better, but it is worth knowing where you stand.
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