No, it is generally not possible for a foreign national to purchase residential property in India.

The only exceptions are if the person is a Non-Resident Indian (NRI), a Person of Indian Origin (PIO), or an Overseas Citizen of India (OCI) cardholder.

Since you have explicitly stated that your boss is none of these, he falls under the category of a "Foreign National of Non-Indian Origin," and the law prohibits him from buying residential real estate.

The Legal Foundation: FEMA

The governing law for this is the Foreign Exchange Management Act (FEMA), 1999. The regulations are very clear:

• Permitted: NRIs, PIOs, and OCIs are permitted to buy any number of residential and commercial properties in India (with a few minor restrictions on agricultural land, plantation property, and farmhouses).

• Prohibited: Citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, and Bhutan require prior approval from the Reserve Bank of India (RBI).

• Prohibited: For all other foreign nationals (including American, British, German, Japanese, etc.), the purchase of immovable property in India is not permitted, unless they inherit it from an Indian resident.

The Only Exception: Inheritance or Gift

A foreign national of non-Indian origin can acquire residential property only if it is:

1. Inherited from a person who was resident in India.

2. Gifted to them by a person resident in India or by an NRI/OCI.

They cannot purchase it through a standard sale transaction.

What Are Your Boss's Alternatives?

Since a direct purchase is not an option, here are the legal alternatives your boss can consider:

1. Long-Term Lease

This is the most common and practical solution. A foreign national can lease a residential property for a long period, often up to 5, 10, or even 99 years. The lease agreement must be registered with the local authorities, just like a sale deed.

• Advantage: It provides long-term security of tenure without violating FEMA regulations.

• Process: A lawyer drafts a comprehensive lease deed, which is then executed and registered.

2. Incorporating a Company in India

If your boss has a genuine business interest in India, he can set up an Indian company (under the rules of the Companies Act and FDI policy).

• This company, being an Indian legal entity, can legally purchase and own property for its business use (e.g., for housing its senior staff).

• Important: The property must be used for the company's legitimate business activity. It cannot be used as a personal, non-business asset. This is a complex route involving company incorporation and compliance with foreign direct investment (FDI) rules.

3. Investing in Commercial Real Estate

The prohibition is primarily on residential property. The rules for commercial real estate (office spaces, shops, warehouses) are more liberal.

• Under the automatic route (without needing RBI approval), a foreign national can invest in and purchase commercial property in India.

Actionable Steps & How You Can Help

Given the legal restrictions, here’s how you can assist your boss:

1. Clearly Communicate the Legal Barrier: The first step is to ensure he understands that a direct purchase is prohibited by Indian law. This will save him from futile property searches and potential legal issues.

2. Pivot to the Lease Option:

   • Explain the long-term lease as the standard and accepted alternative.

   • Help him find a suitable residential property where the owner is willing to enter into a long-term lease agreement.

   • Crucially, engage a competent local property lawyer. The lawyer will:

     • Conduct due diligence on the property title.

     • Draft a robust and legally sound lease agreement.

     • Handle the registration process with the local sub-registrar office.

3. If for Business, Explore the Company Route:

   • If this is linked to a business expansion, consult with a corporate law firm to understand the feasibility and process of setting up an Indian company that can own the property.

Summary Table for Clarity

Final Recommendation: Guide your boss towards the long-term lease option. It is the most straightforward and legally compliant way for him to secure a residence in India.

I strongly recommend you consult with a reputable property lawyer in the city where your boss intends to reside to execute this properly.