What is the process for NRI to sell property in India?

The process for an NRI to sell property in India involves verifying the title, executing a sale agreement, complying with TDS deduction requirements, and completing registration, followed by repatriation of the sale proceeds if desired. While the core process mirrors a resident seller's, NRIs face additional compliance steps around taxation and fund transfer.

Pre-Sale Preparation

• Ensure clear title and updated property documents
• Obtain PAN card, mandatory for property transactions in India
• Consider applying for a Lower/Nil TDS certificate to reduce upfront tax deduction
• Appoint a Power of Attorney if unable to be physically present for the transaction

Sale and Registration Process

• Negotiate price and execute a sale agreement with the buyer
• Buyer deducts applicable TDS on the transaction before payment
• Sale deed is executed and registered at the sub-registrar's office
• Sale proceeds are credited to the NRI's NRO account

Post-Sale Compliance

After the sale, the NRI must file an Indian income tax return to report capital gains and reconcile TDS, and obtain the necessary CA certification (Form 15CA/15CB) before repatriating funds abroad, subject to RBI's annual repatriation limits.

Selling property as an NRI follows the same core legal process as a resident seller, with added attention to TDS compliance and repatriation documentation. Applying for a lower TDS certificate in advance can meaningfully improve cash flow during the sale process.