NRI’s Guide to Buying and Selling a Builder Floor in Gurgaon (2026): FEMA, TDS and Repatriation Rules

A large share of the enquiries Gurgaon Floors gets for DLF Phase 1–5 and Sushant Lok floors come from NRIs — professionals in the US, UK, Gulf and Singapore who grew up around Delhi NCR and want either a family base or a rental-yielding asset back home. The property rules themselves haven’t changed dramatically in 2026, but the tax mechanics around selling did, following the new Income Tax Act that took effect this year. This guide covers both sides: buying a floor as an NRI, and — just as importantly, since it’s the part most guides skip — what happens financially when you sell one.

Can an NRI Buy a Builder Floor in Gurgaon?

Yes, without any special permission. Under FEMA’s general rules, NRIs and OCIs can freely buy residential and commercial property in India, including independent floors, apartments and SCO units. The one category that’s off-limits is agricultural land, plantation property and farmhouses — which doesn’t affect a builder-floor purchase in a licensed DLF, Sushant Lok or Sector 82–89 colony, but does matter if you’re ever pitched “farmhouse land” near Gurgaon as an investment; that route requires inheritance or a gift, not a purchase.

Payment must route through NRE, NRO or FCNR(B) accounts, or via normal banking channels from abroad — not cash, and not informal hawala-style transfers. Most NRI buyers use a registered Power of Attorney (PoA) held by a trusted relative or lawyer in Gurgaon to handle site visits, paperwork and registration on their behalf, since flying in for every step usually isn’t practical. Get the PoA specific (naming the exact transaction) and registered, not a broad general PoA — this is the single most common documentation mistake we see.

Financing: Can NRIs Get a Home Loan for a Gurgaon Floor?

Yes — most major Indian banks and housing finance companies lend to NRIs, typically at loan-to-value ratios similar to resident buyers, though some lenders cap it a few points lower and ask for additional documents: overseas employment contract or business proof, NRE/NRO account statements, and often a local co-applicant or guarantor. Repayment must come from NRE/NRO/FCNR accounts or direct remittance — not from a resident Indian’s account, even a family member’s, without proper documentation. Interest rates generally track the same repo-linked benchmarks resident borrowers get; shop between two or three lenders, since NRI-specific pricing varies more than headline rates suggest.

Selling a Floor as an NRI: Where Most of the Confusion Actually Is

This is the part that catches NRI sellers off guard, because the TDS deducted at sale is meaningfully higher than what a resident seller faces — and it’s deducted on the full sale price, not the profit.

Two things make this heavier than it looks. First, the buyer is legally required to deduct TDS on the entire sale consideration, not your capital gain — so if you sell a ₹3 crore floor you bought years ago for ₹1.2 crore, TDS still gets calculated on the full ₹3 crore unless you act in advance. Second, short-term gains lose access to the Section 54 reinvestment exemption that long-term sellers can use to defer tax by reinvesting in another residential property.

The fix most NRI sellers don’t know exists: apply to the Jurisdictional Assessing Officer for a lower or nil TDS deduction certificate before the sale closes (this used to be filed as Form 13 under the old Income Tax Act; under the Income Tax Act, 2025 that took effect this year, the equivalent is Form 128, filed against the renumbered TDS provision). Get this approved and the buyer only deducts TDS at your actual computed rate, instead of the flat statutory rate — avoiding a refund process that otherwise ties up your money for months after filing.

Getting Your Money Out: FEMA Repatriation Limits

Sale proceeds from a property purchased in India generally get credited to your NRO account first. From there, FEMA allows repatriation abroad of up to USD 1 million per financial year (April–March), covering the combined balance in your NRO accounts — inclusive of sale proceeds, provided your capital gains tax has been paid or provided for. Your bank will typically require Form 15CA and a chartered accountant’s certificate in Form 15CB confirming tax compliance before releasing funds abroad. Budget for this as a process that takes a few weeks, not a same-day transfer, and involve your CA before the sale closes, not after.

A Practical Checklist Before You Buy or Sell

• Verify the seller’s/project’s title chain and HRERA registration independently — don’t rely solely on a PoA holder’s word, even a trusted one.
• Route every payment through banking channels that create a clear paper trail; avoid any arrangement involving cash components.
• If selling, talk to a CA about a lower-TDS certificate (Form 128) before you sign the sale agreement, not after TDS has already been deducted.
• Keep your PAN active and linked — TDS certificates and repatriation both stall without it.
• Budget the effective TDS rate (not just headline capital gains rate) into your expected net proceeds when planning a sale.

Frequently Asked Questions

Can an NRI buy an independent floor in Gurgaon without visiting India?

Yes, using a specific, registered Power of Attorney given to a trusted representative to handle site visits, documentation and registration. Payment must still route through NRE/NRO/FCNR banking channels, and it’s worth budgeting for at least one visit to complete registration formalities where the law requires personal presence or biometric verification.

What TDS rate applies when an NRI sells property in Gurgaon?

For property held over 24 months, the base long-term rate is 12.5%, effectively 14–15% with surcharge and cess, deducted on the full sale price. For property held 24 months or less, TDS runs at an effective 34–36%. An approved lower-deduction certificate (Form 128) can reduce this to your actual computed liability.

How much money can an NRI repatriate after selling property in India?

Up to USD 1 million per financial year from NRO account balances, including sale proceeds, once applicable capital gains tax has been paid or provided for — supported by Form 15CA and a CA-certified Form 15CB.

Can NRIs get a home loan for a builder floor in Gurgaon?

Yes, most major banks and HFCs lend to NRIs against overseas income proof, though terms and documentation requirements vary more between lenders than they do for resident borrowers — compare at least two or three before committing.

Can an NRI buy agricultural land near Gurgaon instead of a builder floor?

No — FEMA prohibits NRIs and OCIs from purchasing agricultural land, plantation property or farmhouses; that category can only be acquired by inheritance or gift. This doesn’t affect standard builder-floor purchases in licensed residential colonies.

The Bottom Line

Buying is genuinely simple for NRIs — the friction is almost entirely on the selling side, where TDS on the full sale price and the repatriation process catch people who don’t plan ahead. Get a CA and a property lawyer involved before you sign anything, on either end of the transaction.

This is general information, not tax or legal advice — FEMA and Income Tax rules affecting NRIs can change, and your situation may have specifics (country of residence, DTAA treaty terms) that alter the numbers above. Verify current rates with a chartered accountant before transacting.

If you’re an NRI weighing a Gurgaon floor purchase or need help structuring a sale to minimise TDS friction, reach out to Gurgaon Floors — we work with NRI buyers and sellers regularly and can connect you with vetted CAs and property lawyers for the paperwork side.