Can OCI own house in India?

Asked by: Dr. Jan Baumbach III  |  Last update: October 22, 2023
Score: 4.5/5 (5 votes)

Q: Can OCI card holders purchase property in India? A: OCI card holders can purchase residential and commercial properties in India. But they are not permitted to purchase agricultural land, including farmland or any kind of plantation property.

Can you own property in India as a US citizen?

If you're a US citizen and hold an OCI (Overseas Citizen of India) card, you'll be able to buy most types of property in India even if you're not living there. Key exceptions include agricultural land and properties, and plantations, which can't be bought by non-residents.

Can I live in India permanently with OCI?

An OCI card holder can stay in India for life time. It is important for an OCI card holder to ensure that they hold valid passports from their home country.

Do you need OCI card to own property in India?

Passport and/or OCI card: You will need to show your Indian passport. If you hold a foreign passport, you can buy property in India provided you have a PIO (Persons of Indian Origin) card or an OCI (Overseas Citizen of India) card. PAN Card: This is mandatory for property transactions.

Can US citizen with OCI sell property in India?

So, coming to the main question – whether OCI Cardholder can buy, hold, transfer or sell immovable property in India without prior approval of the Reserve Bank of India (RBI)? Yes. OCI Cardholder is at parity with Non-Resident Indians (NRIs) towards property transactions.

NRI/PIO/OCI CARD HOLDER PURCHASING PROPERTY IN INDIA// GPA BY NRI//COMPLETE GUIDE

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What happens when a US citizen sells property in India?

You'll also usually need to pay tax on the sale, including capital gains tax. If you're selling a property as a NRI, the buyer will be required to retain tax deducted at source (TDS) of 20% of the capital gain in most cases. If you've owned the property for less than 2 years, you may need to pay 30% capital gains tax.

Can we sell property in India and bring money to us?

Prior to transferring funds from India to the US you'll need to complete Form 15CB, and your bank will ask you to provide proof of the source of the money, such as a copy of the property sale agreement.

What OCI can't do in India?

The OCI is not entitled to vote, be a member of Legislative Assembly or Legislative Council or Parliament, cannot hold constitutional posts such as President, Vice President, Judge of Supreme Court or High Court etc.

Can US citizens have Aadhar card in India?

YES. An NRI (whether minor or adult) with a valid Indian Passport can apply for Aadhaar from any Aadhaar Kendra. If your passport has the name of your spouse, then it can be used as Proof of Address for them.

What are the restrictions of OCI holder in India?

Limitations of OCI

Having an OCI card implies that Indian Citizenship has been renounced and therefore, does not equate to having a dual citizenship with India. OCI card holders cannot do the following: Vote. Become a member of a Legislative Assembly or Legislative Council or the Parliament.

How long a US citizen can stay in India?

Maximum stay by a foreigner in India on an e-Tourist visa or regular paper Tourist visa or both in one calendar year shall be restricted to 180 days. Foreign nationals will not be allowed to enter India through land routes on e-Tourist Visa/regular paper Tourist Visa.

Can OCI card holder open bank account in India?

Further, an OCI can open all types of accounts allowed to a Resident customer. A joint account with Resident Indian (RI) who is a close relative can also be opened subject to following conditions: Mode of operation permitted is 'Former (NRI) or Survivor' only.

How do I pay my OCI fees in USA?

Payment should be made online using debit or credit card (3% charge) or using demand draft, money order, cashier's check, or banker's check favoring “VFS GLobal”. Personal checks are not accepted. Payment by cash can be accepted only if applying in person.

Can I buy a house in India from USA?

The law gives general permission to citizens of US to buy immovable property in India. Yes, this permission is available only for buying residential or commercial property. It does not apply to buying or selling of agricultural land, plantation property or a farmhouse in India.

Can I sell my house in India from USA?

Is it possible to sell property in India if you are a Non Resident Indian (NRI) currently living in the US? The answer is yes, but the real estate process can be cumbersome. Often selling Indian property isn't the hardest part. Getting the funds to the US is tricky, and the sale may have unanticipated tax implications.

Can an American inherit property in India?

Will: One of the ways that NRIs can inherit properties in India is through a Will. NRIs themselves can transfer the property to other NRIs by making through a Will. However, in the said circumstance, the permission of RBI will be required.

Can US citizens with OCI apply for Aadhar?

OCI Cardholders who stay in India for a long time (over 182 days in twelve months immediately preceding the date of application for enrolment) and have an Indian address can also enroll for Aadhaar Card in India.

Do NRIs need Aadhar Card in India?

An Aadhar card is not a proof of Indian citizenship and does not grant any foreigner the right to stay in the country in case they are non-compliant with other requirements. NRIs are not compelled by any mandate to link their bank accounts with Aadhaar if they do not wish to benefit under section 7 of the Aadhaar Act.

What is the American equivalent to Aadhar Card?

Aadhaar is the Indian version of America's Social Security Number (SSN) but contains a photograph and can also serve as an address proof.

What is the new OCI rule?

It allows them to live and work in India indefinitely but does not grant citizenship or voting rights. In 2021, new rules were introduced, requiring OCI cardholders to seek permission for certain activities. Violating the rules can result in penalties and even blacklisting.

How long is OCI valid for?

The OCI card is a lifelong visa available for citizens of Indian origin. Once you get it, you will obtain all the rights any resident in India has. You can live and work in India. The OCI card is valid for 10 years after issued and it allows Multiple Entry to the country.

How many dollars can I carry from USA to India?

Travelers from all countries must declare cash when entering India if the amount is US$5,000 or more in coins and notes, or US$10,000 or more in coins, notes, and traveller's cheques.

Do Indian banks report to IRS?

India FATCA Reporting

The IGA requires Foreign Financial Institutions (FFI) in India to report U.S. account holder information to the IRS, and vice versa. Indian Banks such as ICICI, SBI, HDFC, and Axis routinely issue FATCA letters to customers.

How much money can I transfer from US to India tax free?

There is no limit on sending money from USA to India. But, there is a limit of US $14,000 per person per year for tax free transactions. Any amount sent above US $14,000 per person per year, the sender is responsible for paying the taxes.