Non-Resident Indians (NRIs) enjoy a number of rights in India, which enable them to stay connected to the nation despite being abroad. Although they do not enjoy the same benefits as Indian citizens in some respects, they have rights pertaining to property ownership, business, banking, investments, and legal safeguards. NRIs, however, have to adhere to rules under the Foreign Exchange Management Act (FEMA) and other Indian laws.
Important Rights of NRIs in India:
1. Rights of Property Ownership
- NRIs are entitled to owning residential and commercial property in India.
- They can't purchase agriculture land, farmhouses, or plantation property, but they can inherit them.
2. Right to vote
- NRIs with Indian citizenship can cast their votes in Indian elections.
- They have to be physically present within their registered constituency on the day of voting.
- NRIs can't cast their votes for local or state elections from any other place.
3. Business & Investment Rights
- NRIs are allowed to open businesses, invest in Indian share markets, and keep fixed deposits in Indian banks in special NRE/NRO/FCNR accounts.
- They can invest in real estate, mutual funds, and government securities as per FEMA guidelines.
4. Taxation Rights & Obligations
- NRIs are taxed only on the income generated in India (for example, rent income, capital gains, or business income).
- They can take advantage of Double Taxation Avoidance Agreements (DTAA) if India has an agreement with their home country.
5. Education & Employment Rights
- The NRIs and children of NRIs can seek admission in Indian institutions of higher studies and can apply for special reservations in certain universities.
- They are eligible to take private sector jobs but not governmental posts or apply for civil service jobs.
6. Legal & Inheritance Rights
- NRIs are entitled to inherit wealth, assets, and property from Indian kin.
- They can pursue cases and receive justice in Indian courts and legal systems.
7. Banking & Financial Rights
- NRIs may operate Non-Resident External (NRE), Non-Resident Ordinary (NRO), and Foreign Currency Non-Resident (FCNR) bank accounts in India.
- They may repatriate money overseas, but there are restrictions based on the account type.
