NRI living in US, Selling property in India? Here is a detailed analysis of capital gains taxation in USA on sale of Indian property by US tax resident
How can an NRI Sell Property in India: Step-by-Step Guide
If you’re an NRI planning to sell property in India, you’re not alone. Many NRIs choose to sell their property back home - either to reinvest elsewhere, manage inheritance, or simply make financial sense of assets they no longer use. But the process can feel confusing when you’re miles away.
So, how can an NRI sell property in India smoothly, without getting lost in legal or tax formalities? At India For NRI, you get the clarity and support you need to manage every step confidently.
Can You Sell Property in India as an NRI
As an NRI, you’re allowed to sell residential, commercial, or land property in India to:
A person residing in India
Another NRI or an OCI cardholder
However, you cannot sell agricultural land, plantation property, or a farmhouse to another NRI. These assets can only be sold to resident Indians.
How Can an NRI Sell Property in India
Here’s how you can sell your property in India while staying compliant with all legal and tax requirements:
Step 1: Verify Ownership and Property Type
Before anything else, make sure your ownership documents are in order. You should have clear title papers, the sale deed, and previous ownership records. If the property was inherited, you’ll also need a succession certificate or a legal heir certificate.
If you’re wondering how NRI can sell property in India, start by knowing what type of property you can sell - residential, commercial, or land. NRIs can sell all three, but the buyer’s eligibility may differ depending on whether they’re an Indian resident, NRI, or OCI holder.
Step 2: Appoint a Power of Attorney (POA)
If you’re living abroad, it’s smart to appoint a Power of Attorney to sell property in India. It allows someone you trust in India to manage the sale, sign papers, and handle registration on your behalf.
The POA must be attested by the Indian Embassy or Consulate in your country of residence. Once sent to India, it needs to be stamped and registered locally. This step is crucial to ensure your sale is legally valid.
Step 3: Determine Property Value and Find a Buyer
Once your paperwork is ready, find out your property’s market value. You can hire a local valuer or agent to do this. A proper valuation helps you get a fair price and avoid tax issues later.
After that, look for a genuine buyer through trusted real estate platforms or consultants. When you think about how can NRI sell property in India safely, accurate valuation and verified buyers are the most important factors.
Step 4: Understand Tax Implications
An NRI selling property in India often gets confused when it comes to the taxes applied. Under Indian tax laws, selling property attracts capital gains tax.
If you’ve owned the property for less than 24 months, it’s considered short-term capital gains, taxed as per your income tax slab.
If held for more than 24 months, it’s long-term capital gains, taxed at 20% (after indexation).
TDS (Tax Deducted at Source) will also be applicable. The buyer must deduct TDS before making the payment. If you want to reduce tax liability, you can claim exemptions under Sections 54, 54EC, or 54F by reinvesting the amount in another property or bonds.
Pro Tip: At India For NRI, we use smart strategies that can help you eliminate your capital gains tax completely. Contact us now!
Step 5: Repatriate the Sale Proceeds
Once the sale is complete, you’ll want to transfer the funds abroad. As an NRI, you can repatriate up to USD 1 million per financial year, provided the sale proceeds are from a property legally acquired as per FEMA rules.
To do this, the amount must be deposited in your NRO account, and you’ll need documents like a Form 15CA/15CB (issued by a trusted Chartered Accountant). The bank will verify your tax compliance before approving the remittance.
This is an important step in how NRI can sell property in India legally and get funds overseas without issues.
Step 6: Complete Sale Registration and Documentation
During the sale, ensure all documents are properly signed and registered - the sale deed, PAN details, and payment receipts. Your POA holder (if any) will represent you during the registration at the sub-registrar’s office.
It’s also a good idea to consult a property lawyer in India who understands NRI transactions. A little professional guidance can help you avoid future disputes or income tax notices.
Step 7: Keep a Record of Everything
Finally, maintain copies of all sale-related documents, receipts, and bank transfers. These will be essential for both Indian and overseas tax filing, especially if your home country requires you to report foreign income.
Selling Smart, the NRI Way
Selling property back home while you’re living abroad can feel personal and complex at the same time. There are emotions, formalities, and countless details to handle. But once you understand how things work and have the right people guiding you, the process becomes far easier than it seems.
At India For NRI, you get steady and informed support at every stage, from documentation to taxation to transferring your funds abroad. We make sure you don’t just complete the sale, but do it with confidence, clarity, and peace of mind.
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Read MoreHow can an NRI Sell Property in India: Step-by-Step Guide
If you’re an NRI planning to sell property in India, you’re not alone. Many NRIs choose to sell their property back home - either to reinvest elsewhere, manage inheritance, or simply make financial sense of assets they no longer use. But the process can feel confusing when you’re miles away.
So, how can an NRI sell property in India smoothly, without getting lost in legal or tax formalities? At India For NRI, you get the clarity and support you need to manage every step confidently.
Can You Sell Property in India as an NRI
As an NRI, you’re allowed to sell residential, commercial, or land property in India to:
A person residing in India
Another NRI or an OCI cardholder
However, you cannot sell agricultural land, plantation property, or a farmhouse to another NRI. These assets can only be sold to resident Indians.
How Can an NRI Sell Property in India
Here’s how you can sell your property in India while staying compliant with all legal and tax requirements:
Step 1: Verify Ownership and Property Type
Before anything else, make sure your ownership documents are in order. You should have clear title papers, the sale deed, and previous ownership records. If the property was inherited, you’ll also need a succession certificate or a legal heir certificate.
If you’re wondering how NRI can sell property in India, start by knowing what type of property you can sell - residential, commercial, or land. NRIs can sell all three, but the buyer’s eligibility may differ depending on whether they’re an Indian resident, NRI, or OCI holder.
Step 2: Appoint a Power of Attorney (POA)
If you’re living abroad, it’s smart to appoint a Power of Attorney to sell property in India. It allows someone you trust in India to manage the sale, sign papers, and handle registration on your behalf.
The POA must be attested by the Indian Embassy or Consulate in your country of residence. Once sent to India, it needs to be stamped and registered locally. This step is crucial to ensure your sale is legally valid.
Step 3: Determine Property Value and Find a Buyer
Once your paperwork is ready, find out your property’s market value. You can hire a local valuer or agent to do this. A proper valuation helps you get a fair price and avoid tax issues later.
After that, look for a genuine buyer through trusted real estate platforms or consultants. When you think about how can NRI sell property in India safely, accurate valuation and verified buyers are the most important factors.
Step 4: Understand Tax Implications
An NRI selling property in India often gets confused when it comes to the taxes applied. Under Indian tax laws, selling property attracts capital gains tax.
If you’ve owned the property for less than 24 months, it’s considered short-term capital gains, taxed as per your income tax slab.
If held for more than 24 months, it’s long-term capital gains, taxed at 20% (after indexation).
TDS (Tax Deducted at Source) will also be applicable. The buyer must deduct TDS before making the payment. If you want to reduce tax liability, you can claim exemptions under Sections 54, 54EC, or 54F by reinvesting the amount in another property or bonds.
Pro Tip: At India For NRI, we use smart strategies that can help you eliminate your capital gains tax completely. Contact us now!
Step 5: Repatriate the Sale Proceeds
Once the sale is complete, you’ll want to transfer the funds abroad. As an NRI, you can repatriate up to USD 1 million per financial year, provided the sale proceeds are from a property legally acquired as per FEMA rules.
To do this, the amount must be deposited in your NRO account, and you’ll need documents like a Form 15CA/15CB (issued by a trusted Chartered Accountant). The bank will verify your tax compliance before approving the remittance.
This is an important step in how NRI can sell property in India legally and get funds overseas without issues.
Step 6: Complete Sale Registration and Documentation
During the sale, ensure all documents are properly signed and registered - the sale deed, PAN details, and payment receipts. Your POA holder (if any) will represent you during the registration at the sub-registrar’s office.
It’s also a good idea to consult a property lawyer in India who understands NRI transactions. A little professional guidance can help you avoid future disputes or income tax notices.
Step 7: Keep a Record of Everything
Finally, maintain copies of all sale-related documents, receipts, and bank transfers. These will be essential for both Indian and overseas tax filing, especially if your home country requires you to report foreign income.
Selling Smart, the NRI Way
Selling property back home while you’re living abroad can feel personal and complex at the same time. There are emotions, formalities, and countless details to handle. But once you understand how things work and have the right people guiding you, the process becomes far easier than it seems.
At India For NRI, you get steady and informed support at every stage, from documentation to taxation to transferring your funds abroad. We make sure you don’t just complete the sale, but do it with confidence, clarity, and peace of mind.