Updated 21 October 2026. We read the e-filing portal's Form 141 pages, the RBI's FAQ on property for NRIs and OCIs and the Karnataka stamp schedule. The TDS mechanics, with worked examples, are already in our guide TDS on Property Purchase in 2026: Resident vs NRI Seller, With Worked Examples, so this note goes wider: which name to buy in, how the money must move, how easily a trophy home resells, and what to check. Where we could not confirm a tax rule on an official page today, we have left it out.

Should I buy a luxury home in my name or my company's name?

Most families buy a residence in personal names. The reasons are practical rather than clever, and each structure has its own paperwork:

  • Individual or joint names: the simplest file. A resident individual can use Form 141 for TDS, including Schedule E when the seller is non-resident (Income Tax Department). Later transfers within the family are cheap in Karnataka: a gift or settlement to a specified family member in BBMP limits carries ₹5,000 stamp duty and a ₹1,000 registration fee (Karnataka IGR).
  • HUF: treated like an individual for Form 141, including Schedule E (Income Tax Department). Remember that HUF property is coparcenary property, and since 2005 daughters are coparceners by birth with the same rights as sons (Hindu Succession Act, 1956, section 6).
  • Company or LLP: the same 5% plus 2% at purchase. Schedule E is not available to it, so buying from a non-resident means the TAN-based TDS forms (Form 141 FAQs). Shares in a company are not registered documents even when the company's assets are land (Registration Act, 1908, section 17(2)(ii)), which is why a buyer of company-held property must diligence the company as well as the building.
  • Trust: moving a property you already own into a trust is charged as a conveyance, 5% stamp duty and 2% registration fee on market value, whether or not you are the trustee (Karnataka IGR). Decide on a trust before you buy, not after.

What we have deliberately not stated

How a company is taxed on a residence it owns, how a director's use of it is treated, and how an HUF or trust is assessed on rent or sale are real questions. They also changed numbering under the Income-tax Act, 2025, and we could not confirm each one against an official page today. Get a chartered accountant's written view on your own facts before you choose a structure. Our broader comparison of holding vehicles: Should You Hold Property in an HUF, Trust or Company?

Buying from a non-resident seller after 1 October 2026

Trophy resales often have an NRI seller. Three official points matter for a buyer at this level:

  • No TAN for individuals and HUFs: from 1 October 2026, TDS under section 393(2) [Table Sl. No. 17] of the Income-tax Act, 2025 is reported on Form 141 Schedule E with the buyer's PAN. Earlier, the buyer had to obtain a TAN and file Form 144 through TRACES (Income Tax Department).
  • Collect the seller's details: if the non-resident's address, tax residency certificate or tax identification number is not furnished, tax must be deducted at the higher rate under section 397(2) (Income Tax Department).
  • Lower deduction certificate: the form has fields for a certificate under section 395(1) or 395(2), issued by the Assessing Officer. Ask for it before you fix the payment schedule.
  • Deadlines: deposit within 30 days from the end of the month of deduction, and the TDS certificate is downloaded from TRACES (Form 141 FAQs).

Can an NRI or OCI buy any property in India?

  • What they can buy: any immovable property other than agricultural land, a farmhouse or plantation property, from a resident, an NRI or an OCI (RBI FAQ).
  • How to pay: funds received in India through banking channels or from NRE, FCNR(B) or NRO accounts. Travellers' cheques and foreign currency notes are not allowed (RBI FAQ).
  • Spouses: a spouse who is not an NRI or OCI may buy one such property jointly with the NRI or OCI spouse (RBI FAQ).
  • Nationality bar: citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or North Korea need the RBI's prior permission to acquire property, except leases up to five years; this does not apply to OCIs (RBI FAQ).
  • More for overseas buyers: NRI Buying Property in Bangalore (2026): Rules, Loans, e-Khata, Tax and /nri

Can NRIs repatriate money from selling a house in India?

Within limits. Repatriation of sale proceeds of residential property is restricted to not more than two such properties, and NRIs and PIOs may remit up to USD 1 million per financial year from other assets, subject to conditions (RBI FAQ). If you expect to sell and take the money out, keep the record of the original foreign-exchange inflow with the title file, and plan the number of homes you hold with this ceiling in mind.

Liquidity: how deep is the market above ₹10 crore?

  • Volume: Bengaluru recorded 128 sales of homes priced at ₹10 crore and above in FY26, according to India Sotheby's International Realty and CRE Matrix (BW Businessworld, 6 October 2026). That is a market measured in a few deals a week.
  • NRI share: Century Real Estate and Embassy Developments put NRI buyers at about 8 to 10% of their residential sales, mainly from the US, Dubai, Singapore and Hong Kong (BW Businessworld).
  • Rent: city-wide average rents grew 4 to 5% a year in Q1 2026 per Cushman & Wakefield, and one developer said rental yield is not usually the main consideration because yields remain modest (BW Businessworld).
  • What this means: a structure that makes a later sale harder, such as holding through a company a buyer must diligence, narrows an already small pool. Simple personal title tends to suit resale.

Ten checks before you sign

  • Decide the buying name before the agreement; changing it later can mean a second round of stamp duty.
  • Confirm the seller's residential status in writing; it decides your TDS route.
  • For an NRI seller, collect the tax residency certificate, tax identification number and address, or the section 395 certificate.
  • If you are an NRI, route every rupee through banking channels or NRE, FCNR(B) or NRO accounts.
  • If a company sells, read its board resolution, constitution and charges as well as the title.
  • Run the full title chain and encumbrance check: How to Verify Property Documents and Title in Bangalore: A Buyer's Due-Diligence Checklist
  • Budget 5% plus surcharge and additional duty and 2% registration on market value: Bangalore stamp duty calculator
  • Check the khata and approvals in the seller's name.
  • Write succession into the plan; our HNI note: Succession Planning Through Real Estate: An HNI Playbook
  • Take a CA's and an advocate's written opinion on your structure.

Central and east homes we list at this level