The Government's NRI Property FAQ Is 20 Years Out of Date. Here's What Actually Applies in 2026

The Government's NRI Property FAQ Is 20 Years Out of Date. Here's What Actually Applies in 2026

The AP and Telangana registration portals still explain NRI property using OCBs and 1993-era RBI forms. Here is what FEMA actually requires in 2026.

Imagine driving up to a junction where the traffic signal was installed in 1998 and nobody has touched it since. The road underneath has been rebuilt twice. The junction has a flyover now. But the old signal keeps blinking instructions for a road that no longer exists.

That is roughly the experience of reading the “NRI Registration” FAQ that still sits on the Andhra Pradesh and Telangana Registration and Stamps portals in 2026.

Open it, and you are told about “Overseas Corporate Bodies,” a category of investor the Reserve Bank of India abolished in 2003. You are told to file “Form IPI 7” within 90 days of buying a flat, a form that no longer exists. You are told that you can only send your money home if you bought the property on or after “26 May 1993.” None of this is how the rules work anymore.

To be clear, this is not a case of a portal lying to anyone. It is old text that never got refreshed after the law changed. But if you are an NRI trying to figure out whether you need permission to buy a flat in Hyderabad or Vijayawada, reading it will leave you more confused, and more nervous, than you need to be.

So let us do what the portals have not: bring the FAQ up to date. One post covers both states, because both portals carry almost identical text, and the correction is the same central law either way.

Why the AP and Telangana NRI FAQ is frozen in time

Foreign exchange in India used to run on a suspicious, permission-first law called FERA, the Foreign Exchange Regulation Act of 1973. Under FERA, an NRI wanting to do almost anything with money in India had to ask first.

In 1999, Parliament scrapped FERA and replaced it with FEMA, the Foreign Exchange Management Act. The word “regulation” became “management,” and that was not just cosmetics. FEMA flipped the default. Most routine transactions, including an NRI buying a home, became generally permitted, with no application needed.

Then the detailed rulebook kept evolving. The current framework sits in the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 and the related Acquisition and Transfer of Immovable Property regulations, consolidated in the RBI’s Master Direction on immovable property. The FEMA rules every NRI property owner should know walk through this modern framework in detail.

The state registration FAQs, meanwhile, were written on top of the FERA-era rules and the earliest version of FEMA. They were never rewritten. So the law moved on three times and the sign kept blinking its 1990s instructions.

What an “OCB” was, and why it stopped mattering

The FAQ spends several questions explaining “Overseas Corporate Bodies,” so it is worth knowing what they were before you can safely ignore them.

An OCB was an overseas company, partnership, trust or society that was at least 60% owned by NRIs. Back in the day, the RBI let OCBs enjoy the same investment facilities as individual NRIs. It was a way for NRIs to pool money through an offshore vehicle and still get “NRI treatment” in India.

That door was shut. Following a review linked to a stock market scam, the RBI de-recognised OCBs as a class of investor in 2003. From then on, no fresh OCB investment was permitted in India under any route. The certificates the FAQ mentions (OAC and OAC 1) went with them.

So when the portal explains OCB facilities, OAC certificates, a 16% net profit repatriation cap, or a three-year lock-in on investment, you can file all of it under history. If you are an individual NRI or OCI buying a home, none of it was ever about you in the first place.

Do NRIs need RBI permission to buy property? (The bit the FAQ gets right)

Here is the reassuring part, and credit where it is due: the portal actually gets the headline correct.

An NRI or OCI does not need RBI permission to buy residential or commercial property in India. There is a standing general permission in the rules. You do not file an application, you do not wait for an approval letter, and you do not report the purchase to the RBI afterwards.

The old FAQ frames this as “the Reserve Bank has granted general permission to foreign citizens of Indian origin” for “bona fide residential purposes.” The outcome is right, but the framing is dated in two ways. First, the operative category today is the OCI cardholder, not the old “PIO.” The PIO card scheme was merged into OCI with effect from 9 January 2015, so there is no separate PIO route to worry about. Second, the “residential purpose only” limitation is gone. An OCI can buy commercial property just as freely as residential.

What you can and cannot buy

This is the part worth committing to memory, because most of it has not changed and it is where real money gets lost.

Residential and commercial: green light

Any number of flats, houses, offices or shops. No RBI permission. You can buy from a resident, another NRI, or an OCI. Payment must move through banking channels, which we come to below.

Agricultural land, farmhouses, plantations: red light

NRIs and OCIs cannot buy agricultural land, plantation property, or a farmhouse. Full stop. Not through a company, not through a resident relative holding it for you, not with a promise that the land will be “converted” later. This is the single most important evergreen fact in the whole FAQ, and it is one of the few things the portal states correctly.

The only lawful way to end up holding agricultural land is to inherit it from a person resident in India. Our deep dive on whether NRIs can buy agricultural land covers the inheritance exception, the “farmhouse” trap, and the real penalty cases, where buyers who cooperated fully still paid three times the purchase price.

Foreign nationals and restricted-country citizens: the rule the FAQ never states

The old FAQ only ever mentions certain countries to exclude them from the definition of “Person of Indian Origin.” It never states the actual rule, which is this: a foreign national of non-Indian origin generally cannot buy property in India at all, except by inheritance, although they may take a lease of up to five years.

Separately, citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Hong Kong, Macau and North Korea need prior RBI permission to acquire or transfer property in India, whatever their residential status. Importantly, this restriction does not apply to OCI cardholders. If you hold an OCI card, you are in the ordinary NRI/OCI lane.

Forget IPI 7 and IPI 8: there is no RBI form to file

If there is one myth in the old FAQ that causes genuine anxiety, it is this one. The portal tells NRIs to file Form IPI 7 with the RBI’s Central Office within 90 days of buying property, and Form IPI 8 within 90 days of selling.

Neither form exists today.

Both were part of the old declaration regime that FEMA swept away. There is no 90-day post-purchase declaration. There is no RBI form to submit when an NRI or OCI buys a residential or commercial property. You buy, you register the deed at the Sub-Registrar’s office, you keep your bank records, and you are done as far as the RBI is concerned.

People still search for “IPI 7” and “IPI 8” precisely because the portals still name them. If that is you, the short answer is: relax, there is nothing to file.

Sending the money home: the real repatriation rules

This is where the stale text can genuinely cost you, because repatriation is the moment NRIs actually need the rules to be right.

The old FAQ says you can only repatriate sale proceeds if you bought the property on or after 26 May 1993, and only if you sell three years after buying, via Form IPI 8. Every part of that is obsolete. There is no 1993 cut-off. There is no three-year holding lock-in for repatriation. There is no IPI 8.

Here is what actually applies:

Either way, the money leaves through your authorised dealer bank, not through any RBI form, and you will need Form 15CA plus a chartered accountant’s Form 15CB to satisfy the tax side. Our guide to Form 15CA and 15CB for NRI repatriation walks through exactly which parts apply. The interplay between the two-property route and the USD 1 million route can get fiddly when you used a mix of NRE and NRO money, so it is worth reading that alongside the FEMA rules guide before you sell.

Rental income, by the way, is repatriable too. Rent is treated as current income: it goes into your NRO account, and after tax it can be remitted within that same USD 1 million facility.

Buying or selling from abroad: PoA, stamp duty, and Anywhere Registration

Now for the genuinely useful bits, because most NRIs are not standing in a Sub-Registrar’s office in Guntur or Warangal on the day of registration. They act through a Power of Attorney (PoA). Here the state FAQs actually contain evergreen gold, and this is where AP and Telangana law does matter.

A few things to get right if you are executing documents from abroad:

For the state-specific mechanics, the property registration guide for Hyderabad covers stamp duty rates and the SRO appointment process, while the IGRS Andhra Pradesh and IGRS Telangana walkthroughs show you how to search records and pull an encumbrance certificate online, which is the same portal family the outdated FAQ lives on.

A quick correction table

If you keep one thing from this post, make it this. The left column is roughly what the AP and Telangana portals still say. The right column is what actually applies in 2026.

The old portal FAQ saysWhat actually applies in 2026
OCBs get NRI investment facilitiesOCBs were de-recognised as investors in 2003. The category no longer invests in India.
File Form IPI 7 within 90 days of buyingNo such filing exists. No RBI form on purchase.
Apply in Form IPI 8 within 90 days of sellingNo such form. Repatriation runs through your bank plus Form 15CA/15CB.
Repatriation only for property bought on/after 26 May 1993The 1993 cut-off is obsolete. It does not apply.
Repatriation only if you sell three years after buyingThe three-year lock-in was removed.
PIOs have a separate set of rightsThe PIO card merged into OCI on 9 January 2015.
RBI general permission is for “bona fide residential” useOCIs may buy commercial property too, not just residential.
Agricultural land, plantation, farmhouse are off limitsStill true. This one has not changed.
No RBI permission needed for residential/commercialStill true. This one is correct.

What still holds up

To be fair to the old text, strip away the OCB scaffolding and a few solid facts survive:

Everything else, the OCBs, the IPI forms, the 1993 date, the three-year lock-in, is a museum piece.

The frustrating thing about outdated official text is that it looks authoritative. It sits on a government domain, so people trust it, freeze, and sometimes pay a lawyer to solve a problem that was solved by Parliament in 1999. The rules for owning property in India as an NRI are, on the whole, more welcoming than the old FAQ makes them sound. You just have to read them from 2026, not from the year the signal was last serviced.

If you own property across states and want one place to keep your sale deeds, PoA, remittance receipts and bank records, so the paper trail is ready the day you decide to sell or repatriate, Assetly lets you organise and track it all from wherever you are.

Assetly is a property document management platform that helps Indian property owners, including NRIs, organise, verify, and track their property documents digitally. Learn more.

Frequently Asked Questions

Do NRIs need RBI permission to buy property in India in 2026?

No. An NRI or OCI can buy residential or commercial property in India under a general permission that already exists in law. There is no RBI application to file and no approval to wait for. The only property they cannot buy is agricultural land, plantation property, or a farmhouse. This has been the position for years, even though some government portals still describe an old permission-based process.

What is an OCB and can it still invest in Indian property?

An Overseas Corporate Body (OCB) was an overseas company or trust at least 60% owned by NRIs. It enjoyed the same investment facilities as individual NRIs until the RBI de-recognised OCBs as a class of investor in 2003. OCBs can no longer make fresh investments in India, including property. The category is effectively dead, so any FAQ that still explains OCB facilities is describing a regime that ended over 20 years ago.

Do I still need to file Form IPI 7 with the RBI after buying property?

No. Form IPI 7 (a declaration filed with the RBI within 90 days of purchase) and Form IPI 8 (for repatriation after a sale) belong to the old FERA-era regime. There is no post-purchase RBI filing today for an NRI or OCI who buys residential or commercial property. If you see IPI 7 or IPI 8 mentioned on a portal, treat it as historical text, not a live requirement.

Can an NRI buy agricultural land in India?

No. Under FEMA, NRIs and OCIs cannot purchase agricultural land, plantation property, or farmhouses. This is one of the rules that has not changed. The only way to hold agricultural land is by inheriting it from a person resident in India. Buying it, even through a company or a relative's name, can attract a penalty of up to three times the purchase price.

How much can an NRI repatriate after selling property in India, and does the 26 May 1993 rule still apply?

The old 26 May 1993 cut-off and the three-year holding lock-in no longer apply. Today, if you bought with money brought in from abroad (NRE or FCNR funds), you can send back up to what you originally remitted, for a maximum of two residential properties. Beyond that, and for purchases funded from Indian income (NRO), you can remit up to USD 1 million per financial year, with a chartered accountant's certificate and Form 15CA/15CB.

Can a foreign citizen who is not of Indian origin buy property in India?

Generally no. A foreign national with no Indian ancestry cannot buy property in India except by inheritance, though they may lease for up to five years. Separately, citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Hong Kong, Macau and North Korea need prior RBI permission to acquire or transfer property, whatever their residential status. This restriction does not apply to OCI cardholders.