Developers · NRI sales · The Propah POV
Selling to NRI buyers: what should a developer have ready before the first call?
Nine things, and the first call is the wrong place to discover you are missing them. NRI bookings rarely fail on price. They fail three months later on a power of attorney that was only notarised abroad, a payment routed through a channel FEMA does not permit, or a TDS question nobody at the sales office could answer. Each is preventable with a document you prepare once.
Why this buyer is worth preparing for
An NRI buyer is usually deciding between your project and an asset in the country they live in. They will do more diligence than a local buyer, ask harder questions, and take longer — and once they commit, they are less likely to walk away over a market wobble, because they were never buying for a two-year exit. What they will not tolerate is uncertainty about process. A sales team that cannot answer a documentation question loses them at the exact moment they were ready.
The nine-item pack
1. Your RERA registration, verifiable
The registration number and a direct link to the project’s Karnataka RERA page — not a number in a brochure. An overseas buyer cannot walk to your site office, so the regulator’s own record is the primary trust document. It is also the first place a careful buyer checks your revised completion dates, so know what it says about you before they read it.
2. Approvals, as a list with dates
Sanctioned plan, commencement certificate, khata and conversion status, and the current position on occupancy certificate where relevant. A buyer who cannot inspect relies entirely on documents. Send the list unprompted; the buyer who has to ask twice begins discounting everything else you say.
3. The permitted payment channels, stated explicitly
Under FEMA, an NRI must fund an Indian property purchase through banking channels: NRE, NRO or FCNR(B) accounts, or an inward remittance from abroad. Cash, foreign currency and traveller’s cheques are not permitted, at any amount.
Say which of these you accept, give the account details in writing, and state that payments must match the agreement value. Two things follow from this that most sales teams do not know: which account the buyer pays from affects how easily they can take the money out later — NRE-funded purchases repatriate more freely than NRO-funded ones. A buyer who learns this after paying will not blame their own adviser. The account choice sets the exit.
4. A PoA template, and the attestation route
This is the single most common failure point. A power of attorney that is only notarised in the buyer’s country of residence is not valid for property registration in India. The route is: notarised locally, then apostilled (in Hague Convention countries) or attested by the Indian Embassy or Consulate, then the original sent to India and adjudicated — stamped — at the sub-registrar.
Have a specific-purpose template your legal team already accepts, tell the buyer the sequence and the realistic timeline, and start it early. A booking that waits on a PoA is a booking sitting in limbo for weeks. The buyer-side detail is here — and a narrow, specific-purpose PoA protects them, which is worth saying out loud.
Nobody loses an NRI sale on price in the third month. They lose it on a document that should have been started in the first week.
5. A written position on TDS — including where sources disagree
Section 194-IA requires a transferee to deduct 1% on consideration of ₹50 lakh or more when buying immovable property from a resident. The statutory language is “any person, being a transferee” paying a resident transferor, which on its face includes an NRI buyer purchasing from a resident developer.
We will be straight about this: published guidance is not consistent on the point. Some widely-read sources state that an NRI buying from a resident developer need not deduct. Others apply 194-IA regardless of the buyer’s residential status, which reads correctly against the section. This is exactly the kind of ambiguity that stalls a booking for a month, and numbering under the Income Tax Act 2025 is in transition on top of it. Get a written position from your auditor, keep it current, and hand it to the buyer rather than debating it on a call.
6. PAN, early
A PAN is required for registration and for the tax compliance that follows. A buyer who starts the PAN application at agreement stage has added weeks to your closing. Ask about it on the first call.
7. What an NRI cannot buy
Agricultural land, plantation property and farmhouses are outside what an NRI may purchase, though they may be inherited. If any part of your inventory touches this — a plotted development on converted land, for instance — know the position before the conversation, not during it.
8. Handover and possession for someone who is not in the country
Who does the snagging inspection. How defects are recorded and closed. How keys are handed over, to whom, and under what authority. What happens if the buyer cannot travel for possession. Most developers have no written answer, and an NRI buyer will ask.
9. What happens after handover
Will the property be let, and by whom? Who holds the keys, pays the maintenance, deals with the association, and handles a leak in the second monsoon? A developer who can point to a credible answer — their own service or a named partner — removes the objection that most often ends an overseas purchase conversation: who looks after it when I am not there.
The four things that actually kill NRI bookings
- A PoA rejected at registration because it was notarised abroad but never attested or adjudicated. Weeks lost, and the buyer’s confidence with them.
- Payment through a channel FEMA does not permit. A FEMA breach is the buyer’s problem legally and yours commercially, because it becomes a stalled transaction and a story they tell.
- No PAN. Discovered late, and it holds up registration.
- An unanswered tax question. On TDS, on rental taxation, on what happens when they sell. You do not need to be their tax adviser. You need to not be the reason they stopped.
The operational point nobody writes down
Time zones. A buyer in California asking a question at 9pm their time gets your reply, at best, the following evening — roughly a day and a half later. They are usually asking two developers the same question. Whoever answers first is the one still in the conversation. Whether that is a scheduled overseas calling window, a WhatsApp channel someone actually watches, or a documentation pack complete enough that the question does not arise, decide it before you start marketing overseas rather than after.
What this does not cover
- FEMA permitted channels, PoA attestation sequence and NRI purchase restrictions are as commonly published as at September 2026. FEMA rules change; confirm current position before relying on any of it.
- The section 194-IA position is genuinely contested in published guidance and is flagged as such rather than resolved. Take a written position from your own auditor.
- Section numbering under the Income Tax Act 2025 is in transition.
- This is general commentary for developers, not legal, tax or FEMA advice, and does not replace advice to the buyer from their own adviser.
What does a developer need ready to sell to NRI buyers?
Nine things: a verifiable RERA registration with a direct link to the regulator's page, a dated list of approvals, the FEMA-permitted payment channels you accept stated in writing, a power of attorney template with the attestation route and realistic timeline, a written position on TDS from your auditor, an early PAN prompt, clarity on what an NRI may not buy, a written handover process for a buyer who cannot travel, and a credible answer on who manages the property after possession.
How can an NRI pay a builder for property in India?
Through banking channels only: an NRE, NRO or FCNR(B) account, or an inward remittance from abroad. Cash, foreign currency and traveller's cheques are not permitted under FEMA at any amount, and payments should match the agreement value so the trail is clean. Which account the buyer uses matters beyond compliance — NRE-funded purchases repatriate more freely on exit than NRO-funded ones, so a buyer should choose deliberately rather than by convenience.
Why does a power of attorney from an NRI get rejected?
Almost always because it was only notarised in the buyer's country of residence. That is not sufficient for property registration in India. The sequence is: notarised locally, then apostilled if the country is a Hague Convention signatory or attested by the Indian Embassy or Consulate otherwise, then the original document sent to India and adjudicated — stamped — at the sub-registrar. Starting this at booking rather than at registration is the difference between a smooth close and weeks of limbo.
Does an NRI buyer have to deduct TDS when buying from a builder?
Published guidance is not consistent, and it is worth knowing that before the question arises. Section 194-IA requires "any person, being a transferee" paying a resident transferor to deduct 1% where consideration is ₹50 lakh or more — language that on its face covers an NRI buying from a resident developer. Some widely-read sources nonetheless state no deduction is required in that situation. Numbering under the Income Tax Act 2025 is also in transition. Get a written position from your auditor and hand it to the buyer rather than debating it live.
What property can an NRI not buy in India?
Agricultural land, plantation property and farmhouses. These may be inherited where the previous owner acquired them lawfully, but they cannot be purchased. Residential and commercial property, both under construction and resale, is permitted. If any part of a project touches these categories — a plotted development on land whose conversion status is unclear, for instance — the position needs to be established before the conversation with an overseas buyer, not during it.
What do NRI buyers ask that domestic buyers do not?
How they get their money out, and what it costs. Who inspects the property at handover if they cannot fly. Who manages it afterwards, collects rent and deals with the association. What their tax position looks like in both countries. What the developer's RERA record shows about revised completion dates. And how quickly someone will answer them across a nine or twelve hour time difference. A domestic buyer assumes most of this; an overseas buyer cannot, and will not commit until it is answered.
How long does an NRI property purchase take to close?
Longer than a domestic one, and the extra time is almost entirely documentation rather than decision. A power of attorney takes weeks through notarisation, apostille or consular attestation, transmission to India and adjudication. A PAN application adds weeks if it has not been started. Attested copies of passport, visa and address proof take their own time. None of this is avoidable, but all of it is parallelisable — which is why the developers who close NRI bookings fastest start the documentation at booking rather than at agreement.
Should a developer market a project to NRI buyers?
Only if the operation behind it is ready. An NRI buyer does more diligence, asks harder questions, takes longer to commit and is less likely to walk away afterwards — a good trade if you can answer them. But they are usually asking two developers the same question across a large time difference, and the one who answers first stays in the conversation. Decide your response window, your documentation pack and your handover process before the marketing spend, not after the first enquiry.
FEMA-permitted payment channels for NRI property purchase, restrictions on agricultural land, plantation property and farmhouses, PoA notarisation, apostille or consular attestation and adjudication requirements, PAN requirements and the section 194-IA threshold and rate checked across published guidance in September 2026. Published sources conflict on whether an NRI buyer must deduct under 194-IA when purchasing from a resident developer; the conflict is stated rather than resolved. Section numbering under the Income Tax Act 2025 is in transition. This is general commentary for developers, not legal, tax or FEMA advice.
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Prepare the pack once. Use it on every overseas enquiry.
The developers who close NRI bookings fastest are not the ones with the best pitch. They are the ones who started the paperwork in the first week.
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