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NRI Selling Property in India: Full Process, TDS & Repatriation Guide

Quick Answer

Selling property in India as an NRI involves more than finding a buyer and completing the registration. The seller must account for the capital gains tax arising from the sale, the TDS deducted by the buyer and the restrictions on transferring the proceeds overseas. Since TDS can be substantially higher than the seller’s actual tax liability, and repatriation depends on the property’s acquisition and funding history, the amount received, the tax ultimately payable and the amount transferable abroad may all be different.

How does someone sell a home they cannot easily visit, in a country several time zones away, without losing lakhs of rupees to tax they never actually owed?

Many NRIs face exactly this challenge. Some own a flat they bought years ago, others hold a home their parents left them, and still others want to exit an investment that has served its purpose. Whatever the reason, selling from abroad brings its own set of worries. The buyer withholds tax at source, documents sit scattered across two countries, signatures must hold up in India, and finally, the seller needs a way to move the money to an overseas bank account.

Fortunately, the NRI selling property in India process has a clear end, and it follows a fixed sequence. Once a seller understands that sequence, the whole journey becomes far easier to manage.

This guide maps that journey, from the decision to sell through to the money arriving abroad. Along the way, each stage explains what happens, why it matters, and which steps need an early start.

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The Whole Process at a Glance, and Why the Order Matters

Most guides list the topics involved in a sale, such as tax, documents, and repatriation. However, NRI sellers usually struggle less with the topics themselves and more with their order. Some steps take weeks, and a few must finish before others can even begin.

StageWhat the seller doesWhen to start
1. Documents and titleGathers the title deed, tax receipts, and supporting papersAs soon as they decide to sell
2. Power of attorneyAppoints someone in India if travel is not possibleEarly, since apostille and stamping take time
3. Lower TDS certificateApplies to reduce the tax the buyer withholdsWhile negotiating, before the agreement to sell
4. Agreement to sellFixes the price, terms, and timeline with the buyerOnce the certificate arrives or is close
5. Registration and handoverRegisters the sale deed and hands over possessionOn the agreed date
6. Buyer’s TDS complianceConfirms that the buyer deposits TDS and files Form 27QSoon after payment
7. RepatriationObtains Form 15CB, files Form 15CA, and remits the fundsAfter registration and tax compliance

In simple terms, the lower TDS certificate sits on the critical path. If a seller signs the agreement before applying for it, they often lose the chance to reduce withholding, and the buyer must then deduct tax on the full sale value.

Before You List: Documents, Title and Getting Your Paperwork in Order

A clean set of documents speeds up every later step. Buyers, lawyers, banks, and tax officers all rely on the same papers, so a seller who gathers them early saves weeks of delay.

DocumentWhy the seller needs it
Registered title deed (sale deed)Proves ownership
Proof of how they funded the purchaseDecides the repatriation route later
Latest property tax and maintenance receiptsShows the buyer that no dues remain
Encumbrance certificateConfirms that no loan or charge sits on the property
Approved building plan or occupancy certificateReassures the buyer and their lender
PAN card and passportSupports tax and identity checks
NRO account detailsReceives the sale proceeds
Inheritance documents, if inheritedWill, succession certificate, or legal heir papers

Proof of funding deserves special attention. The source of the original purchase money, whether NRE funds, NRO funds, or an inheritance, later decides how easily the seller can move the money out of India. Additionally, a seller with an old home loan should collect the loan closure letter and original documents from the bank before listing.

Before You List: Documents, Title and Getting Your Paperwork in Order

Can You Sell From Abroad? Power of Attorney and What It Must Say

Many sellers ask whether an NRI can sell property in India without traveling. The answer is yes, through a power of attorney (POA). With a POA, the seller authorizes a trusted person in India to sign documents and attend registration on their behalf.

A special power of attorney usually offers the safer choice. Unlike a general POA, it limits the attorney’s authority to one specific property and one specific sale. As a result, the seller keeps far tighter control over what the attorney can do.

StepWhat the seller does
DraftingNames the property, the attorney, and the exact powers
Signing abroadSigns the POA before a notary in their country of residence
Apostille or attestationGets an apostille in Hague Convention countries, or attestation at the Indian embassy or consulate elsewhere
Stamping in IndiaHas the POA stamped within three months of its arrival in India
RegistrationRegisters or adjudicates it at the sub-registrar’s office where the property sits

The three-month stamping window often catches sellers off guard. Even a perfectly drafted and signed POA becomes unusable if it sits in a drawer for too long after reaching India. ASBL’s upcoming guide to power of attorney for NRI property covers the format and validity in detail.

Who You Can Sell To, and What Changes If the Buyer Is Also an NRI

FEMA rules allow an NRI to sell residential or commercial property to a resident Indian, another NRI, or a person of Indian origin (PIO). However, the same rules limit the sale of agricultural land, farmhouses, and plantation property to resident Indians only.

Property typeResident Indian buyerNRI or PIO buyer
Residential propertyAllowedAllowed
Commercial propertyAllowedAllowed
Agricultural land, farmhouse, plantationAllowedNot allowed

When an NRI sells property to another NRI, the basic process stays the same. The buyer still deducts TDS, deposits it, and files the required returns. Similarly, the buyer pays through Indian banking channels, usually from their own NRE or NRO account. Since both parties may live abroad, both often rely on attorneys, which makes clear communication even more important.(Source)

Working Out the Tax: Capital Gains for NRI Sellers in 2026

Capital gains tax for NRIs on property depends mainly on how long the seller has owned the property.

Holding periodType of gainHow the tax works
More than 24 monthsLong-term capital gain (LTCG)12.5% plus applicable surcharge and 4% health and education cess
24 months or lessShort-term capital gain (STCG)The seller adds the gain to their income and pays tax at slab rates

To work out the gain, the seller subtracts the cost of acquisition, along with eligible costs such as improvements and brokerage, from the sale price. For sales after 23 July 2024, NRI sellers generally calculate long-term gains without indexation.

A sample calculation: Suppose an NRI bought a flat for ₹80 lakh and now sells it for ₹1.5 crore after owning it for more than two years. The seller’s long-term gain comes to ₹70 lakh. At 12.5%, the base tax works out to ₹8.75 lakh. After adding a sample 10% surcharge and 4% cess, the seller owes about ₹10.01 lakh in tax.

The seller’s total income for the year decides the exact surcharge, so a chartered accountant can confirm the final figure. ASBL’s guide to NRI capital gains tax on property explains the calculation further.

The TDS Shock: Why Tax Is Withheld on the Full Sale Value

This single fact surprises most NRI sellers. When someone buys property from an NRI, the law requires the buyer to deduct TDS on the entire sale value rather than on the actual gain. The reason is practical: the buyer has no way of knowing what the seller originally paid, so the law asks the buyer to deduct tax on the full amount.

A sample calculation: Consider the same ₹1.5 crore sale. On a long-term gain, the buyer deducts TDS at 12.5%, adds a 15% surcharge because the payment exceeds ₹1 crore, and then adds 4% cess. Together, these make an effective rate of about 14.95%.

Amount
Sale value₹1,50,00,000
TDS the buyer deducts at about 14.95% of the full valueAbout ₹22,42,500
Tax the seller actually owes on the ₹70 lakh gainAbout ₹10,01,000
Extra amount the buyer withholdsAbout ₹12,41,500

In this example, the buyer withholds more than double the tax the seller actually owes. Although the seller can claim the excess as a refund by filing an income tax return, that refund may take many months to arrive. Fortunately, a better option exists.

The Lower TDS Certificate: The Step That Has to Start Early

A lower deduction certificate lets the buyer deduct TDS on the seller’s actual gain rather than on the full sale value. Under the Income-tax Act, 2025, the tax department now issues this certificate through Form 128 under Section 395. Many people still know it by its older name, Form 13 under Section 197.

DetailWhat the seller should know
PurposeBrings TDS in line with the actual gain
Who appliesThe seller, through the income tax portal
Typical processing timeAbout four to eight weeks
Ideal timingBefore signing the agreement to sell
Supporting papersPurchase deed, proof of cost, draft sale agreement, PAN, and income details

In the earlier example, a certificate based on the real gain could cut the amount the buyer withholds from about ₹22.4 lakh to roughly ₹10 lakh. That leaves about ₹12.4 lakh more in the seller’s hands at closing.

Timing matters above all here. Because the certificate takes weeks, a seller who applies only after agreeing on a closing date may still find the buyer forced to deduct the full TDS. ASBL’s upcoming guide to the lower TDS certificate for NRI property sales walks through the application step by step.

Exemptions Worth Knowing: Sections 54, 54F and 54EC

An NRI seller can reduce or even remove long-term capital gains tax by reinvesting the proceeds in certain ways.

SectionWhat the seller sellsWhere the seller reinvestsKey conditions
Section 54A residential houseAnother residential house in IndiaBuys within 1 year before or 2 years after the sale, or builds within 3 years; the benefit has a ₹10 crore cap
Section 54FAny long-term asset other than a houseA residential house in IndiaInvests the net sale amount for full exemption; ownership conditions apply
Section 54ECLand or a buildingSpecified bondsInvests within 6 months of the sale, up to ₹50 lakh, with a 5-year lock-in

A sample calculation: In the ₹70 lakh gain example, suppose the seller invests ₹50 lakh in Section 54EC bonds within six months. The taxable gain then falls to ₹20 lakh. At 12.5% plus 4% cess, the seller’s tax drops to about ₹2.6 lakh, compared with about ₹10 lakh without the exemption.

NRIs can claim the Section 54 exemption, provided they buy or build the new house in India. Each exemption, however, carries its own rules and holding periods, so a chartered accountant can confirm eligibility before the seller commits any money.

The Buyer’s Compliance, and Why It Determines Your Refund

Although the buyer handles TDS, the seller depends heavily on the buyer getting it right. If the buyer makes a mistake, the seller’s tax credit may never appear, and any refund could stall for a year or longer.

What the buyer must doWhy it matters to the seller
Obtain a TANThe law requires it for TDS on payments to an NRI
Deduct TDS at the correct rateKeeps the deduction in line with any lower certificate
Deposit TDS by the due dateAvoids interest and penalties
File Form 27Q correctlyPlaces the credit in the seller’s tax records
Issue the TDS certificateGives the seller proof of the tax deducted

Many resident buyers have never bought from an NRI before, so they may not realize they need a TAN instead of the simpler process for resident sellers. A thoughtful seller, therefore, shares these requirements early and asks for copies of the challan and TDS certificate. ASBL’s upcoming guide to Form 27Q for NRI TDS filing explains the buyer’s side in detail.

Registration and Handover: What Actually Happens on the Day

On registration day, the seller (or their attorney) and the buyer visit the sub-registrar’s office where the property sits. In Telangana, IGRS now handles much of this process, which helps keep records clear.

Typically, the day follows a simple pattern:

  1. Both parties bring identity proof, the original documents, and the POA, if the seller uses one.
  2. The buyer pays the stamp duty and registration fees.
  3. Both parties sign the sale deed, while the sub-registrar records photographs and fingerprints.
  4. The buyer transfers the balance amount, after deducting TDS, to the seller’s NRO account.
  5. The seller hands over the keys, original documents, and society papers.

Once registration finishes, the seller can request a copy of the registered sale deed, which supports the repatriation stage.

Getting the Money Out: Repatriation Limits and FEMA Rules

After the sale, the proceeds usually land in the seller’s NRO account. From there, the way the seller originally acquired the property decides the route abroad.

How the seller acquired the propertyRepatriation route
Bought it with NRE funds or foreign remittanceThe seller can repatriate the amount they originally paid in foreign exchange, for up to two residential properties
Bought it with NRO or rupee fundsThe seller can repatriate within the USD 1 million limit per financial year
Inherited itThe seller can repatriate within the USD 1 million limit, with proof of inheritance

The USD 1 million limit applies per financial year, which runs from April to March. As a result, a seller with larger proceeds can spread the transfer across two financial years.

A sample calculation: At a sample exchange rate of ₹88 to the dollar, USD 1 million equals about ₹8.8 crore. A seller with ₹10 crore in NRO proceeds could transfer up to about ₹8.8 crore in one financial year and move the rest after 1 April.

Currency movements can also change how the final gain looks in dollar terms. ASBL’s article on currency exchange and NRI real estate gains explores this further, while the upcoming guide to repatriation of sale proceeds for NRIs covers the RBI rules in depth.

Form 15CB and Form 15CA, and What Your Bank Will Ask For

Before sending money abroad, the bank needs proof that the seller has handled tax on the amount properly. Two forms provide that proof.

FormWho prepares itWhat it does
Form 15CBA chartered accountantCertifies that the seller has paid tax or the buyer has deducted it correctly
Form 15CAThe seller, onlineDeclares the remittance details to the tax department
Form A2The seller, at the bankRequests the foreign remittance

Along with these forms, banks usually ask for the registered sale deed, the TDS certificates, proof of the original purchase funding, and a FEMA declaration. Since each bank’s list varies slightly, a seller benefits from asking their bank for its checklist before registration day.

The Full Timeline and What It All Costs

A realistic plan helps the seller manage expectations on both sides.

PhaseTypical duration
Document gathering and title checks2 to 4 weeks
Power of attorney (if needed)2 to 4 weeks, running alongside the documents
Lower TDS certificate4 to 8 weeks
Agreement to registrationDepends on the buyer, often a few weeks
Repatriation after registration3 to 6 weeks

Overall, sellers can plan for about two to three months from the decision to sell until registration. After that, the funds usually take a further three to six weeks to reach the overseas account.

CostWho usually pays
Capital gains taxSeller
Brokerage, if a broker helpsAs both parties agree
POA notarisation, apostille, and stampingSeller
Chartered accountant fees for the lower TDS certificate and Form 15CBSeller
Stamp duty and registration on the sale deedUsually the buyer
Bank remittance chargesSeller

Mistakes That Cost NRI Sellers the Most Money

Most costly errors come from timing rather than from complex tax rules.

MistakeWhat it can cost the seller
Signing the agreement before applying for a lower TDS certificateLakhs stuck until the refund arrives
Using a broad general POALess control over the sale
Missing the three-month POA stamping windowDelays while they prepare a fresh POA
Not checking the buyer’s TAN and Form 27Q filingA missing tax credit in their records
Losing proof of the original purchase fundingA harder repatriation process
Ignoring the USD 1 million yearly limitFunds stuck until the next financial year
Missing the six-month deadline for 54EC bondsLoss of a valuable exemption

Do’s

  • Apply for the lower TDS certificate early
  • Use a special POA for one property and one sale
  • Gather proof of how the purchase was funded
  • Explain the buyer’s TDS duties early
  • Plan repatriation around the financial year
  • Consult a chartered accountant on exemptions

Don’ts

  • Wait until after signing the agreement
  • Grant broad powers through a general POA
  • Assume the bank will skip this check
  • Assume the buyer knows the NRI process
  • Try to move everything at once when proceeds exceed the limit
  • Reinvest without checking the conditions

Key Takeaways

  • The NRI selling process follows a clear sequence, and the order matters most.
  • The buyer deducts TDS on the full sale value, which can far exceed the seller’s actual tax.
  • A lower TDS certificate, now Form 128 under Section 395, takes four to eight weeks, so sellers should apply before the agreement.
  • A special power of attorney lets a seller complete the sale without traveling.
  • NRIs can sell residential and commercial property to residents, NRIs, or PIOs, but agricultural land only to residents.
  • Sections 54, 54F, and 54EC can reduce long-term capital gains tax.
  • NRE-funded, NRO-funded, and inherited property each follow a different repatriation route, within a USD 1 million yearly limit where it applies.
  • The full process usually takes two to three months before registration and three to six weeks after.

Frequently Asked Questions

What is the step-by-step process for an NRI to sell property in India?

First, the seller gathers and verifies the title documents, appoints an attorney if they cannot travel, and applies for a lower TDS certificate while negotiating. Next, both parties sign the agreement to sell and complete registration and handover. The buyer then deposits the TDS and files Form 27Q. Finally, the seller obtains Form 15CB and files Form 15CA to repatriate the proceeds.

How much tax does an NRI pay when selling property in India?

On property held for more than two years, the seller pays long-term capital gains tax at 12.5%, plus applicable surcharge and health and education cess. For short-term gains, the seller adds the gain to their income and pays tax at slab rates.

Why does the buyer deduct TDS on the full sale value instead of the profit?

The buyer cannot calculate the seller's cost of acquisition or actual gain, so the law requires the buyer to deduct tax on the entire sale amount. For this reason, the buyer usually withholds far more than the tax the seller actually owes.

 Can the seller reduce the TDS, and how long does that take?

Yes, the seller can apply for a lower deduction certificate, now Form 128 under Section 395 and previously Form 13 under Section 197. This certificate lets the buyer deduct TDS on the actual gain instead. Sellers should allow four to eight weeks and apply before signing the agreement to sell.

Does an NRI need to travel to India to complete the sale?

 Not necessarily. The seller can appoint someone through a special power of attorney. They sign it abroad, get it apostilled or attested depending on the country, have it stamped in India within three months of arrival, and register it where the property sits.

 What documents does an NRI need to sell property?

 The seller needs the registered title deed, proof of how they funded the purchase, the latest tax and maintenance receipts, an encumbrance certificate, and the approved building plan or occupancy certificate where relevant. Along with these, they need their PAN, passport, and NRO account details.

Can an NRI sell to another NRI, or must the buyer be a resident?

An NRI can sell residential and commercial property to a resident Indian, another NRI, or a person of Indian origin. For agricultural land, farmhouses, and plantation property, however, FEMA allows only resident Indian buyers.

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