How to Sell Property in India as an NRI
Selling as an NRI has three moving parts most sellers underestimate: the buyer's TDS on your sale, your capital-gains tax, and getting the money out of India. Handled in the wrong order, they cost you cash flow and time. Here is the right order.
1 · The buyer deducts TDS — on the full value
Before payment or credit, confirm the chargeable amount, current withholding rate and any Assessing Officer certificate with a Chartered Accountant. For tax year 2026–27, the lower-withholding application uses Form 128 under section 395(1); the certificate determines the approved rate and validity. NRI withholding guide
2 · Capital-gains tax
Immovable property held over 24 months is long-term. Under the 2024 regime, LTCG is 12.5% without indexation. Eligible reinvestment relief uses sections 82, 85 and 86 under the 2025 Act (formerly 54, 54EC and 54F), subject to their conditions. Full detail: NRI capital gains.
3 · Repatriating the proceeds
Confirm the eligible remittance route, evidence, applicable taxes and current forms with the bank before transferring sale proceeds abroad. Repatriation guide
Selling inherited property
Inherited property (including agricultural land inherited from a resident) can be sold — agricultural land only to a resident Indian. We verify the inheritance chain and mutation before listing.
Documents to sell
- Title deed, prior chain, encumbrance certificate; PAN; passport/OCI.
- Power of Attorney if selling from abroad.
- For inherited property: will/succession certificate and mutation.
More NRI guides
FAQs
How much TDS is deducted when an NRI sells property?
Withholding depends on the applicable law, chargeable amount and rate. Any lower-withholding certificate controls its scope and validity; approval does not guarantee deduction only on the gain. See the updated NRI TDS guide.
Can an NRI sell inherited property in India?
Yes. Inherited residential/commercial property can be sold freely; inherited agricultural land can be sold only to a resident Indian.
Can I sell my Indian property from abroad?
Yes — via a registered, apostilled/notarised Power of Attorney. Our Panchkula desk completes the sale locally.
How do I get sale proceeds out of India?
Confirm the eligible remittance route with your authorised dealer. The NRO remittance-of-assets route has a USD 1 million annual limit and evidence and tax conditions; use the forms required for the remittance date.
Related NRI services & guides
NRI Property Services hub · NRI buying guide · NRIs & agricultural land · NRI home loans · NRI capital gains tax · TDS on NRI sale · Power of Attorney · Repatriating proceeds · NRE vs NRO vs FCNR · NRI property management · NRI consultant, Chandigarh
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