Non-resident Indians (NRIs) are among the top five investor communities in to India. With their natural affinity to the region and the depreciation of the Indian rupee against the US dollar and pound sterling, the NRI community's appetite for real estate investment appears to be increasing again. Strict visa rules in the Middle East and various regulatory obstacles in the path to property ownership in the region make India the more obvious choice.But before you start building your property empire in India, it is worth getting organised, not only in terms of the property but also in terms of your personal documents. The right adviser can be invaluable for this, from assisting with your financial planning to organising a power of attorney or sorting out your succession planning. In the long term, not only will this save time and hassle, it can even save you money.For those considering buying a property in India below is a general guide, based on the most frequently asked questions, which will prove useful for NRIs.1. Who can purchase immovable property in India As with many other matters, there are various restrictions and requirements on who can purchase property in India. Subject to a few exceptions, a foreign national resident outside India cannot buy immovable property in India. However, the following may purchase property:

• Indian citizens living outside India, including Overseas Citizen of India card-holders and Persons of Indian Origin (PIO), can purchase residential and commercial property as long as it is not agricultural land/plantation property/ a farmhouse in India.

• There are no upper limits for inward remittances and normal banking channels, including the usual non-resident accounts [NRE, NRO and FCNR(B)], can be used.
• NRIs can also take interest-free loans from close relatives who are resident in India. The lender is subject to FEMA limits, which should be checked at the time of the transaction.

• The property was purchased by the NRI/PIO in accordance with the provisions of FEMA in force at the time of the purchase; and
• The amount repatriated should not exceed the amount paid for the property if the property was acquired in foreign exchange remitted through normal banking channels or out of funds held in specific designated account.

• Out of the balances held in the NRO account if the property was purchased out of rupee sources
• If the property was acquired by way of gift, the sale proceeds must be credited to an NRO account, and thereafter may be repatriated
• If the property was inherited from a person resident in India, it may be repatriated on production of documentary evidence proving inheritance, an undertaking by the NRI/PIO, and a certificate by a Chartered Accountant in the formats prescribed by the Central Board of Direct Taxes

• Depending on total income received personal tax returns may need to be filed in India. As a general guide you need to consider your residential tax status (i.e how long you spend in India in any one year or over a period of 4 years), and evenif you are not considered resident you will need to file returns if you exceed the basic thresholds. NRI's have a basic exemption limit of Rs 2 lakh (200,000 Rs) and if you are above 60 years, the exemption limit is Rs2.5 lakh (250,000 RS).
• The rent may be additionally taxed in the NRI's country of tax residence. There may be some tax relief available under an appropriate Double Tax Avoidance Agreement (DTAA) for NRIs who are tax residents in certain countries.
• TDS (withholding tax) may be applicable depending on the value of the property purchase.
• On a sale, there will be capital gains tax.

• Pan card (Permanent account number)
• OCI/PIO card (In case of OCI/PIO)
• Passport (In case of NRI)
• Passport size photographs
• Proof of residential address
• Land titles/ construction permits/ Approvals from authorities
• Sale/Purchase Agreement
• Title clearance certificate
• Income Tax clearance
• Stamp duty and registration
• Society clearance and membership