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
When you sell as an NRI, the buyer must deduct TDS under Section 195 on the entire sale value (not just your gain — the buyer cannot compute your gain), at long-term rates plus surcharge and cess, unless you obtain a Section 197 / Form 13 lower-TDS certificate. That is a large sum locked up. The fix is a Form 13 lower-TDS certificate that bases TDS on your actual gain — apply before the deal. See TDS on NRI sale.
2 · Capital-gains tax
Immovable property held over 24 months is long-term. Under the 2024 regime, LTCG is 12.5% without indexation. Sections 54, 54EC and 54F can legally reduce or defer it. Full detail: NRI capital gains.
3 · Repatriating the proceeds
Sale proceeds route to your NRO account; up to USD 1 million per financial year can be repatriated with Forms 15CA/15CB. See 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?
The buyer deducts TDS under Section 195 on the full sale value at long-term rates plus surcharge and cess — materially higher than the 1% resident rate. A Form 13 lower-TDS certificate bases it on the actual gain instead.
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?
Proceeds go to your NRO account; up to USD 1 million per financial year is repatriable with Forms 15CA/15CB, facilitated through a Chartered Accountant.
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
Explore our live directories
Every RERA-registered project and developer we facilitate — searchable, locality-tagged, cross-linked.