Can I buy property on behalf of my NRI son?

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Had your son been a resident similarly, you would have been allowed to purchase an immovable property in India.

If you, as an overseas citizen with an OCI card, have been living in India for tax purposes, you can be considered a tax resident in India. However, there are some rules to consider if you want to use funds from your Indian bank account to buy a property in India in your son's name.

If your son was also a resident of India, it would be easier. You could purchase the property in his name using a power of attorney (POA) if he is unable to be physically present. This would not be a problem, and the source of funds is clear.

However, since your son is a non-resident, the Foreign Exchange Management Act (FEMA) has some restrictions. You cannot directly use your funds to buy a property in India in your son's name. Instead, you have a couple of options. You can either gift the money to your son, and he can then use it to acquire the property in his name. Alternatively, you could first buy the property in your name and then gift it to your son. Both of these options are allowed under FEMA.

So, while it's a bit more complicated due to your son being a non-resident, there are still legal ways to proceed with the property purchase.

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