Guide to Do Registry of Immovable Property in India for NRIs

Immovable Property
Real Estate » Guide to Do Registry of Immovable Property in India for NRIs

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Registration of real estate properties is an essential part of any purchase process. Any registration done in the right way is helpful in the prevention of fraud and also in the misrepresentation of real estate. The process is deemed to be lengthy and inconvenient is not so. The Government of India has made several changes that ease property registration not just for Indian citizens but also for NRIs.

Elaborated below is a detailed guide on the registration of immovable property in India by NRIs.

Can NRI purchase immovable property in India?

To start the discussion on the registration of immovable property in India by NRI, let us understand if NRIs can make purchases in India. NRIs are eligible to make property purchases in India. However, the terms of the purchase must align with the Foreign Exchange Management Act. They must also get the required paperwork done first through competent property lawyers and also pay the required fees.

NRI Immovable Property Registration: Eligibility Criteria

In terms of eligibility criteria, the applicant who wishes to do registration of immovable property must meet the legal definition of NRI or Indian resident. Legally, any Indian citizen who lives abroad for education, employment, or other reasons is considered NRI.

However, as per the Foreign Exchange Management Act, 1999, the definition of NRI is different. According to FEMA, anyone who intends to stay in India determines their residential status.

The Income Tax Act also adds another definition of a resident in India. Individuals who have visited India for less than 182 days is a resident Indians.

NRI Immovable Property Registration: Procedure

There are not many steps that NRIs have to take to register any real estate. The process has also become simple and quicker because the process has become computerised. NRIs can register property from abroad as there is no middleman now but some paperwork is still done, in certain points in the registration process. In simplified terms, the process is as follows.


To start ensure there are no existing dues or debts on the property. Any mortgages yet to be paid or pending taxes must be settled to ensure there are no issues after the purchase.


To register an immovable property, there are many documents that must be prepared. In the absence of anyone document, the process can get delayed. It is recommended to prepare all documents beforehand. The full list of documents has been elaborated on in a section below.

Pay bills:

Any utility bills or dues such as electricity bills, water bills or property taxes as stated in the first point, must be cleared up. There must be no unpaid dues before starting the registration process.


The fourth essential step in the process is to prepare the draft deed. The deed must have details of both parties, details of the property and the related terms and conditions. There is also a registration fee that must be paid at this step. To register the documents, get signatures from both parties and from two witnesses as well.

tamp duty:

As per the Indian Stamp Act, 1899, a stamp duty or a small fee must be paid. The stamp duty is calculated on the market value of the said property.

NRI Immovable Property Registration: Stamp Duty

One confusing factor when buying property from NRI in India is the payment of stamp duty and registration fees. There is a difference between both fees not just in terms of the act it comes under but also in terms of definition. Stamp duty is covered under the Indian Stamp Act of 1899. The act states that a fee is to be charged on the instrument and not on the transaction involving the instrument. The stamp duty is calculated not using the nature of the instrument but using the substance of the instrument.

NRI Immovable Property Registration: Fee

Another important aspect of answering the question of how NRI registers property in India is paying the property registration fee. The registration fee differs greatly from state to state and depends on the state registration act. Generally, it is calculated as a percentage of the sale value of the said property. The calculation of both stamp duty and the registration fee is done using the ‘guidance value’ that depends on the location of the property and the type of land or building.

NRI Immovable Property Registration: Documents

An important part of the registration of property by NRIs is the documents. All of the following documents should be present in order to prevent any delays in the registration.

  • Copy of residence proof of each owner. Accepted proofs are passports, Aadhar cards, driving licenses or voter id.
  • Copy of PAN card of each owner
  • Copy of certificate of possession
  • Passport size photographs of both parties
  • OCI or Overseas Indian Card held by the NRI
  • Payment details

Immovable Property: Acquisition and Transfer

To further discuss the question of can NRI hold property in India, there are two important terms one must know, acquisition and transfer of property. NRIs cannot purchase all types of immovable property in India as there are limitations as set by the Reserve Bank of India. RBI’s notice on ‘Acquisition and Transfer of Immovable Property in India by NRIs/PIOs/Foreign Nationals of Non-Indian Origin’ states that NRIs cannot purchase agricultural or plantation land and farms.

However, the same agricultural or farmland can be transferred to an NRI. The rules of such transfer must be done as per the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000.

What Happens During Non-Registration of Immovable Property by NRI?

With all the discussions done above, one could wonder what happens when an NRI fails to register their property. In such a case, just the mere possession of the property documents does not make the NRI an owner. Legally, the said individual would not be recognized as the owner of the property.

Registration of immovable properties is cumbersome and laborious but necessary.

The process of registration is, however, easy now. The laws now today are also designed to favour NRIs. For a full breakdown of what the registration process would be like, contact Lex Solutions today.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.