Indian real-estate compliance checklist
Every MyPropey workflow — rental, sale, loan, NRI, dispute — enforces the Indian regulatory guardrails below. This page is a plain-English summary; consult your empanelled advocate for case-specific advice.
RERA — Real Estate (Regulation & Development) Act, 2016
Any project on land > 500 sqm or with > 8 units must be RERA-registered in the relevant state before advertising or accepting bookings. MyPropey requires the RERA registration number for all new-build sale listings.
Real-estate agents facilitating transactions on RERA-registered projects must hold a valid state RERA agent number. We surface the agent number on every brokered listing.
70% of buyer money for under-construction projects must sit in a project-specific escrow bank account. MyPropey's transaction module supports RERA-compliant escrow release milestones.
Stamp duty & registration
Agreements over 11 months typically require registration under the state Registration Act. Stamp duty varies by state (e.g. Maharashtra 0.25% of total rent + deposit; Karnataka ₹500 flat for < 11 months). MyPropey Smart Agreements auto-fills state-specific stamp values.
Sale deeds must be stamped at the state ad-valorem rate (typically 5–7%) and registered under the Registration Act, 1908 within 4 months of execution. Our transaction workflow blocks handover until the registered deed is uploaded.
Where SHCIL e-stamp is available (Maharashtra, Delhi, Karnataka, Gujarat, and 18 others), MyPropey generates e-stamped PDFs directly.
TDS & tax withholding
Individual tenants paying rent > ₹50,000/month must deduct 2% TDS (as amended, w.e.f. FY 2024-25) and deposit via Form 26QC within 30 days of the end of the month in which deduction is made.
Buyers of immovable property > ₹50 lakh must deduct 1% TDS from the sale consideration and deposit via Form 26QB within 30 days.
If the seller is an NRI, buyer withholds long-term capital-gains TDS at 12.5% (post Finance (No.2) Act, 2024) plus surcharge and cess. Our NRI desk assists with lower-deduction certificates under section 197.
FEMA & NRI compliance
NRIs and OCIs may buy residential and commercial (not agricultural, plantation, or farmhouse) property in India under general permission (RBI Master Direction 12). Payment must be from NRE/NRO/FCNR accounts or inward remittance.
Repatriation of sale proceeds is capped at USD 1 million per financial year from NRO accounts, subject to Form 15CA / 15CB. MyPropey NRI desk handles CA certification.
Rental income to NRI landlords is remittable without limit after applicable TDS (30% + surcharge under section 195) and CA certification.
GST
Commercial letting attracts 18% GST if the landlord's aggregate turnover crosses the ₹20 lakh threshold. Residential letting to a registered person (RCM) is taxable at 18%; residential to unregistered persons is exempt.
Under-construction residential sale attracts 5% GST (1% for affordable housing) without input tax credit. Completed properties are outside GST.
Real-estate brokerage is 18% GST. MyPropey invoices include GST breakdown and HSN 998311.
Data protection (DPDP Act, 2023)
MyPropey captures granular consent (marketing / KYC / analytics) with timestamped consent log entries and honors withdrawal via /settings.
Users can request access, correction, and erasure through in-app tools and receive a response within statutory timelines.
Personal data of Indian data principals is hosted on Indian and EU-hosted infrastructure only; no transfer to blacklisted jurisdictions.
RBI — Loan referral & fintech guardrails
MyPropey is a loan referral / Direct Selling Agent — not a lender. All loans are booked on the balance sheet of RBI-regulated partner banks and NBFCs shown in the marketplace.
Partner commissions and processing fees are disclosed on the loan detail page in compliance with RBI's Digital Lending Guidelines (September 2022 circular).
Loan applicants complete Aadhaar-based e-KYC with explicit consent screens and receive a signed key-facts statement (KFS) before disbursal.
BCI — Legal services
MyPropey's dispute desk uses empanelled independent advocates. We never market individual lawyers, in line with Bar Council of India Rule 36 (Chapter II, Part VI).
Property DNA and AI advisor outputs are scenario modeling — they are not legal recommendations. All binding advice comes from the empanelled advocate assigned to your case.