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How to Sell Property in India as an NRI

Selling a property in India while residing abroad can be a complex process for Non-Resident Indians (NRIs). 

However, with proper planning and understanding of the legal and financial implications, it can be a smooth transaction. 


Here's a comprehensive guide:


Understanding the Legal Framework

  • Foreign Exchange Management Act (FEMA): This is the primary law governing the sale of immovable property by NRIs. It outlines the permissible buyers (Indian residents), the mode of payment (through banking channels), and repatriation of sale proceeds.
  • Income Tax Act: Capital gains tax is applicable on the sale of property. NRIs can avail tax benefits under certain conditions.


Steps Involved in Selling Property

  1. Property Valuation: Accurately valuing your property is crucial. You can hire a professional valuer to determine the market price.
  1. Appointing a Power of Attorney (POA): If you cannot be physically present, appointing a trusted person as a Power of Attorney holder can manage the sale process on your behalf.
  1. Finding a Buyer: You can list your property on real estate portals, engage a real estate agent, or rely on word-of-mouth.
  1. Due Diligence: Ensure all property-related documents, including title deeds, property tax receipts, and NOCs from the housing society, are in order.
  1. Negotiation and Agreement: Once a buyer is found, negotiate the sale price and terms. Draft a sale agreement outlining the terms and conditions.
  1. Legal Documentation: Prepare the sale deed and other necessary legal documents. Ensure they are stamped and registered as per Indian laws.
  1. Payment and Transfer: The sale proceeds must be transferred through banking channels in India. Ensure the buyer pays the entire amount, including stamp duty and registration charges.
  1. Tax Implications: Calculate the capital gains tax and comply with the necessary tax filings. Consider tax-saving options like reinvesting the proceeds in another property.
  1. Repatriation of Funds: You can repatriate the sale proceeds up to a certain limit per financial year. Ensure compliance with FEMA regulations and complete the necessary paperwork.


Important Considerations

  • Time Zones and Communication: Coordinate with your representatives and buyers considering the time difference.
  • Power of Attorney: Clearly define the powers granted to your POA holder.
  • Tax Planning: Consult a tax expert to optimize your tax liability.
  • Repatriation Limits: Be aware of the annual repatriation limit and plan accordingly.
  • Documentation: Maintain copies of all documents related to the property and the sale process.
  • Get professional help: Given the complexities involved, consulting with a legal and tax professional can provide valuable guidance and ensure a smooth transaction.
  • Bring in a Real estate agent to the call: It is a goodoption to pitch in professional agencies to collaborate the entire process for seamless and prompt completion of the sale. It would work best saving lots of time and effort. Since the entire functionality will be handled by experienced hands. You can be rest assured.


By following these steps and seeking expert assistance, you can successfully sell your property in India as an NRI.