{"id":10952,"date":"2026-11-02T16:54:25","date_gmt":"2026-11-02T11:24:25","guid":{"rendered":"https:\/\/asbl.in\/blog\/?p=10952"},"modified":"2026-11-02T18:13:37","modified_gmt":"2026-11-02T12:43:37","slug":"nri-selling-property-in-india-full-process-tds-repatriation-guide","status":"publish","type":"post","link":"https:\/\/asbl.in\/blog\/nri-selling-property-in-india-full-process-tds-repatriation-guide\/","title":{"rendered":"NRI Selling Property in India: Full Process, TDS & Repatriation Guide"},"content":{"rendered":"\n

Quick Answer<\/h3>\n

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.<\/p>\n<\/div>\n\n\n\n

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?<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

\n\t
<\/div>\n\t
\n\t
\n\t<\/div>\n\t
\n\t
ASBL SPECTRA - Luxury 3BHK in Financial District<\/div>

Live Where You Work | Spacious 3 BHKs in the Heart of the Financial District| Ready to move-in | From \u20b91.99 Cr .<\/strong><\/p>\n\n\t

View Details<\/a>\n\t<\/div>\n\t<\/div>\n\t<\/div>\n\t
\n\tView More  \u279d<\/a>\n\t<\/div>\n\t<\/div><\/p>\n\n\n\n

<\/span>The Whole Process at a Glance, and Why the Order Matters<\/span><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

Stage<\/strong><\/th>What the seller does<\/strong><\/th>When to start<\/strong><\/th><\/tr><\/thead>
1. Documents and title<\/td>Gathers the title deed, tax receipts, and supporting papers<\/td>As soon as they decide to sell<\/td><\/tr>
2. Power of attorney<\/td>Appoints someone in India if travel is not possible<\/td>Early, since apostille and stamping take time<\/td><\/tr>
3. Lower TDS certificate<\/td>Applies to reduce the tax the buyer withholds<\/td>While negotiating, before the agreement to sell<\/td><\/tr>
4. Agreement to sell<\/td>Fixes the price, terms, and timeline with the buyer<\/td>Once the certificate arrives or is close<\/td><\/tr>
5. Registration and handover<\/td>Registers the sale deed and hands over possession<\/td>On the agreed date<\/td><\/tr>
6. Buyer’s TDS compliance<\/td>Confirms that the buyer deposits TDS and files Form 27Q<\/td>Soon after payment<\/td><\/tr>
7. Repatriation<\/td>Obtains Form 15CB, files Form 15CA, and remits the funds<\/td>After registration and tax compliance<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

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.<\/p>\n\n\n\n

<\/span>Before You List: Documents, Title and Getting Your Paperwork in Order<\/span><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

Document<\/strong><\/th>Why the seller needs it<\/strong><\/th><\/tr><\/thead>
Registered title deed (sale deed)<\/td>Proves ownership<\/td><\/tr>
Proof of how they funded the purchase<\/td>Decides the repatriation route later<\/td><\/tr>
Latest property tax and maintenance receipts<\/td>Shows the buyer that no dues remain<\/td><\/tr>
Encumbrance certificate<\/td>Confirms that no loan or charge sits on the property<\/td><\/tr>
Approved building plan or occupancy certificate<\/td>Reassures the buyer and their lender<\/td><\/tr>
PAN card and passport<\/td>Supports tax and identity checks<\/td><\/tr>
NRO account details<\/td>Receives the sale proceeds<\/td><\/tr>
Inheritance documents, if inherited<\/td>Will, succession certificate, or legal heir papers<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

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.<\/p>\n\n\n\n

\"Before<\/figure>\n\n\n\n

<\/span>Can You Sell From Abroad? Power of Attorney and What It Must Say<\/span><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

A special power of attorney<\/strong> 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.<\/p>\n\n\n\n

Step<\/strong><\/th>What the seller does<\/strong><\/th><\/tr><\/thead>
Drafting<\/td>Names the property, the attorney, and the exact powers<\/td><\/tr>
Signing abroad<\/td>Signs the POA before a notary in their country of residence<\/td><\/tr>
Apostille or attestation<\/td>Gets an apostille in Hague Convention countries, or attestation at the Indian embassy or consulate elsewhere<\/td><\/tr>
Stamping in India<\/td>Has the POA stamped within three months of its arrival in India<\/td><\/tr>
Registration<\/td>Registers or adjudicates it at the sub-registrar’s office where the property sits<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

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<\/a> covers the format and validity in detail.<\/p>\n\n\n\n

<\/span>Who You Can Sell To, and What Changes If the Buyer Is Also an NRI<\/span><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

Property type<\/strong><\/th>Resident Indian buyer<\/strong><\/th>NRI or PIO buyer<\/strong><\/th><\/tr><\/thead>
Residential property<\/td>Allowed<\/td>Allowed<\/td><\/tr>
Commercial property<\/td>Allowed<\/td>Allowed<\/td><\/tr>
Agricultural land, farmhouse, plantation<\/td>Allowed<\/td>Not allowed<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

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<\/a>)<\/p>\n\n\n\n

<\/span>Working Out the Tax: Capital Gains for NRI Sellers in 2026<\/span><\/h2>\n\n\n\n

Capital gains tax for NRIs on property depends mainly on how long the seller has owned the property.<\/p>\n\n\n\n

Holding period<\/strong><\/th>Type of gain<\/strong><\/th>How the tax works<\/strong><\/th><\/tr><\/thead>
More than 24 months<\/td>Long-term capital gain (LTCG)<\/td>12.5% plus applicable surcharge and 4% health and education cess<\/td><\/tr>
24 months or less<\/td>Short-term capital gain (STCG)<\/td>The seller adds the gain to their income and pays tax at slab rates<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

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.<\/p>\n\n\n\n

A sample calculation:<\/strong> Suppose an NRI bought a flat for \u20b980 lakh and now sells it for \u20b91.5 crore after owning it for more than two years. The seller’s long-term gain comes to \u20b970 lakh. At 12.5%, the base tax works out to \u20b98.75 lakh. After adding a sample 10% surcharge and 4% cess, the seller owes about \u20b910.01 lakh in tax.<\/p>\n\n\n\n

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<\/a> explains the calculation further.<\/p>\n\n\n\n

<\/span>The TDS Shock: Why Tax Is Withheld on the Full Sale Value<\/span><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

A sample calculation:<\/strong> Consider the same \u20b91.5 crore sale. On a long-term gain, the buyer deducts TDS at 12.5%, adds a 15% surcharge because the payment exceeds \u20b91 crore, and then adds 4% cess. Together, these make an effective rate of about 14.95%.<\/p>\n\n\n\n

<\/th>Amount<\/strong><\/th><\/tr><\/thead>
Sale value<\/td>\u20b91,50,00,000<\/td><\/tr>
TDS the buyer deducts at about 14.95% of the full value<\/td>About \u20b922,42,500<\/td><\/tr>
Tax the seller actually owes on the \u20b970 lakh gain<\/td>About \u20b910,01,000<\/td><\/tr>
Extra amount the buyer withholds<\/td>About \u20b912,41,500<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

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.<\/p>\n\n\n\n

<\/span>The Lower TDS Certificate: The Step That Has to Start Early<\/span><\/h2>\n\n\n\n

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<\/strong>. Many people still know it by its older name, Form 13 under Section 197<\/strong>.<\/p>\n\n\n\n

Detail<\/strong><\/th>What the seller should know<\/strong><\/th><\/tr><\/thead>
Purpose<\/td>Brings TDS in line with the actual gain<\/td><\/tr>
Who applies<\/td>The seller, through the income tax portal<\/td><\/tr>
Typical processing time<\/td>About four to eight weeks<\/td><\/tr>
Ideal timing<\/td>Before signing the agreement to sell<\/td><\/tr>
Supporting papers<\/td>Purchase deed, proof of cost, draft sale agreement, PAN, and income details<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

In the earlier example, a certificate based on the real gain could cut the amount the buyer withholds from about \u20b922.4 lakh to roughly \u20b910 lakh. That leaves about \u20b912.4 lakh more in the seller’s hands at closing.<\/p>\n\n\n\n

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<\/a> walks through the application step by step.<\/p>\n\n\n\n

<\/span>Exemptions Worth Knowing: Sections 54, 54F and 54EC<\/span><\/h2>\n\n\n\n

An NRI seller can reduce or even remove long-term capital gains tax by reinvesting the proceeds in certain ways.<\/p>\n\n\n\n

Section<\/strong><\/th>What the seller sells<\/strong><\/th>Where the seller reinvests<\/strong><\/th>Key conditions<\/strong><\/th><\/tr><\/thead>
Section 54<\/td>A residential house<\/td>Another residential house in India<\/td>Buys within 1 year before or 2 years after the sale, or builds within 3 years; the benefit has a \u20b910 crore cap<\/td><\/tr>
Section 54F<\/td>Any long-term asset other than a house<\/td>A residential house in India<\/td>Invests the net sale amount for full exemption; ownership conditions apply<\/td><\/tr>
Section 54EC<\/td>Land or a building<\/td>Specified bonds<\/td>Invests within 6 months of the sale, up to \u20b950 lakh, with a 5-year lock-in<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

A sample calculation:<\/strong> In the \u20b970 lakh gain example, suppose the seller invests \u20b950 lakh in Section 54EC bonds within six months. The taxable gain then falls to \u20b920 lakh. At 12.5% plus 4% cess, the seller’s tax drops to about \u20b92.6 lakh, compared with about \u20b910 lakh without the exemption.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

<\/span>The Buyer’s Compliance, and Why It Determines Your Refund<\/span><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

What the buyer must do<\/strong><\/th>Why it matters to the seller<\/strong><\/th><\/tr><\/thead>
Obtain a TAN<\/td>The law requires it for TDS on payments to an NRI<\/td><\/tr>
Deduct TDS at the correct rate<\/td>Keeps the deduction in line with any lower certificate<\/td><\/tr>
Deposit TDS by the due date<\/td>Avoids interest and penalties<\/td><\/tr>
File Form 27Q correctly<\/td>Places the credit in the seller’s tax records<\/td><\/tr>
Issue the TDS certificate<\/td>Gives the seller proof of the tax deducted<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

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<\/a> explains the buyer’s side in detail.<\/p>\n\n\n\n

<\/span>Registration and Handover: What Actually Happens on the Day<\/span><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

Typically, the day follows a simple pattern:<\/p>\n\n\n\n

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

    Once registration finishes, the seller can request a copy of the registered sale deed, which supports the repatriation stage.<\/p>\n\n\n\n

    <\/span>Getting the Money Out: Repatriation Limits and FEMA Rules<\/span><\/h2>\n\n\n\n

    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.<\/p>\n\n\n\n

    How the seller acquired the property<\/strong><\/td>Repatriation route<\/strong><\/td><\/tr>
    Bought it with NRE funds or foreign remittance<\/td>The seller can repatriate the amount they originally paid in foreign exchange, for up to two residential properties<\/td><\/tr>
    Bought it with NRO or rupee funds<\/td>The seller can repatriate within the USD 1 million limit per financial year<\/td><\/tr>
    Inherited it<\/td>The seller can repatriate within the USD 1 million limit, with proof of inheritance<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    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.<\/p>\n\n\n\n

    A sample calculation:<\/strong> At a sample exchange rate of \u20b988 to the dollar, USD 1 million equals about \u20b98.8 crore. A seller with \u20b910 crore in NRO proceeds could transfer up to about \u20b98.8 crore in one financial year and move the rest after 1 April.<\/p>\n\n\n\n

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

    <\/span>Form 15CB and Form 15CA, and What Your Bank Will Ask For<\/span><\/h2>\n\n\n\n

    Before sending money abroad, the bank needs proof that the seller has handled tax on the amount properly. Two forms provide that proof.<\/p>\n\n\n\n

    Form<\/strong><\/td>Who prepares it<\/strong><\/td>What it does<\/strong><\/td><\/tr>
    Form 15CB<\/td>A chartered accountant<\/td>Certifies that the seller has paid tax or the buyer has deducted it correctly<\/td><\/tr>
    Form 15CA<\/td>The seller, online<\/td>Declares the remittance details to the tax department<\/td><\/tr>
    Form A2<\/td>The seller, at the bank<\/td>Requests the foreign remittance<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    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.<\/p>\n\n\n\n

    <\/span>The Full Timeline and What It All Costs<\/span><\/h2>\n\n\n\n

    A realistic plan helps the seller manage expectations on both sides.<\/p>\n\n\n\n

    Phase<\/strong><\/td>Typical duration<\/strong><\/td><\/tr>
    Document gathering and title checks<\/td>2 to 4 weeks<\/td><\/tr>
    Power of attorney (if needed)<\/td>2 to 4 weeks, running alongside the documents<\/td><\/tr>
    Lower TDS certificate<\/td>4 to 8 weeks<\/td><\/tr>
    Agreement to registration<\/td>Depends on the buyer, often a few weeks<\/td><\/tr>
    Repatriation after registration<\/td>3 to 6 weeks<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    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.<\/p>\n\n\n\n

    Cost<\/strong><\/td>Who usually pays<\/strong><\/td><\/tr>
    Capital gains tax<\/td>Seller<\/td><\/tr>
    Brokerage, if a broker helps<\/td>As both parties agree<\/td><\/tr>
    POA notarisation, apostille, and stamping<\/td>Seller<\/td><\/tr>
    Chartered accountant fees for the lower TDS certificate and Form 15CB<\/td>Seller<\/td><\/tr>
    Stamp duty and registration on the sale deed<\/td>Usually the buyer<\/td><\/tr>
    Bank remittance charges<\/td>Seller<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    <\/span>Mistakes That Cost NRI Sellers the Most Money<\/span><\/h2>\n\n\n\n

    Most costly errors come from timing rather than from complex tax rules.<\/p>\n\n\n\n

    Mistake<\/strong><\/td>What it can cost the seller<\/strong><\/td><\/tr>
    Signing the agreement before applying for a lower TDS certificate<\/td>Lakhs stuck until the refund arrives<\/td><\/tr>
    Using a broad general POA<\/td>Less control over the sale<\/td><\/tr>
    Missing the three-month POA stamping window<\/td>Delays while they prepare a fresh POA<\/td><\/tr>
    Not checking the buyer’s TAN and Form 27Q filing<\/td>A missing tax credit in their records<\/td><\/tr>
    Losing proof of the original purchase funding<\/td>A harder repatriation process<\/td><\/tr>
    Ignoring the USD 1 million yearly limit<\/td>Funds stuck until the next financial year<\/td><\/tr>
    Missing the six-month deadline for 54EC bonds<\/td>Loss of a valuable exemption<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n
    \n

    <\/span>Do’s<\/span><\/h3>\n
      \n
    • Apply for the lower TDS certificate early<\/li>\n\n\n\n
    • Use a special POA for one property and one sale<\/li>\n\n\n\n
    • Gather proof of how the purchase was funded<\/li>\n\n\n\n
    • Explain the buyer’s TDS duties early<\/li>\n\n\n\n
    • Plan repatriation around the financial year<\/li>\n\n\n\n
    • Consult a chartered accountant on exemptions<\/li>\n<\/ul>\n<\/div>\n\n\n\n

      <\/span>Don’ts<\/span><\/h3>\n
        \n
      • Wait until after signing the agreement<\/li>\n\n\n\n
      • Grant broad powers through a general POA<\/li>\n\n\n\n
      • Assume the bank will skip this check<\/li>\n\n\n\n
      • Assume the buyer knows the NRI process<\/li>\n\n\n\n
      • Try to move everything at once when proceeds exceed the limit<\/li>\n\n\n\n
      • Reinvest without checking the conditions<\/li>\n<\/ul>\n<\/div>\n<\/div>\n\n\n\n

        <\/span>Key Takeaways<\/span><\/h3>\n
          \n
        • The NRI selling process follows a clear sequence, and the order matters most.<\/li>\n\n\n\n
        • The buyer deducts TDS on the full sale value, which can far exceed the seller’s actual tax.<\/li>\n\n\n\n
        • A lower TDS certificate, now Form 128 under Section 395, takes four to eight weeks, so sellers should apply before the agreement.<\/li>\n\n\n\n
        • A special power of attorney lets a seller complete the sale without traveling.<\/li>\n\n\n\n
        • NRIs can sell residential and commercial property to residents, NRIs, or PIOs, but agricultural land only to residents.<\/li>\n\n\n\n
        • Sections 54, 54F, and 54EC can reduce long-term capital gains tax.<\/li>\n\n\n\n
        • NRE-funded, NRO-funded, and inherited property each follow a different repatriation route, within a USD 1 million yearly limit where it applies.<\/li>\n\n\n\n
        • The full process usually takes two to three months before registration and three to six weeks after.<\/li>\n<\/ul>\n<\/div>\n\n\n\n

          <\/span>Frequently Asked Questions<\/span><\/h2><\/div>
          \n
          What is the step-by-step process for an NRI to sell property in India?<\/summary>\n

          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.<\/p>\n<\/details>\n\n\n\n

          How much tax does an NRI pay when selling property in India?<\/summary>\n

          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.<\/p>\n<\/details>\n\n\n\n

          Why does the buyer deduct TDS on the full sale value instead of the profit?<\/summary>\n

          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.<\/p>\n<\/details>\n\n\n\n

          \u00a0Can the seller reduce the TDS, and how long does that take?<\/summary>\n

          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.<\/p>\n<\/details>\n\n\n\n

          Does an NRI need to travel to India to complete the sale?<\/summary>\n

          \u00a0Not 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.<\/p>\n<\/details>\n\n\n\n

          \u00a0What documents does an NRI need to sell property?<\/summary>\n

          \u00a0The 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.<\/p>\n<\/details>\n\n\n\n

          Can an NRI sell to another NRI, or must the buyer be a resident?<\/summary>\n

          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.<\/p>\n<\/details>\n<\/div><\/div><\/section>\n","protected":false},"excerpt":{"rendered":"

          How does someone sell a home they cannot easily visit, in a country several time zones away, without losing lakhs […]<\/p>\n","protected":false},"author":1,"featured_media":10959,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}},"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-10952","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-design"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t