NRI Property in India: FEMA, TDS, Repatriation & PoA
Buying, selling, gifting, inheriting Indian property as an NRI — learn the FEMA, TDS, repatriation, and Power-of-Attorney rules, and connect with a verified independent professional via Pro Firmo.
This page is informational. Pro Firmo does not advertise, recommend or endorse any specific advocate. We facilitate access to verified, independent professionals; engagement, fees and outcomes are between you and the professional you choose.
The common problem
NRI property transactions sit at the intersection of FEMA, Income Tax (TDS), the Registration Act, and family-property succession. Add a builder who's used to dealing with residents, and a sub-registrar who doesn't see many foreign passports, and a routine purchase becomes a 6-month detour. Done right with a proper PoA + a competent local lawyer, the same transaction is uneventful.
How Pro Firmo helps you understand and access
- Property purchase / sale by NRIs — title due diligence and sale-deed drafting.
- TDS at sale (20.6%/22.88%/Lower-TDS certificate route under §195 / §197).
- Repatriation of sale proceeds within FEMA limits.
- Power of Attorney drafting — Indian-consulate attestation + Indian-registrar acceptance.
- Succession certificates and partition for inherited property.
- Disputes — builder delay, encroachment, tenant overstay.
Documents you'll need
- NRI status proof (passport copy with valid visa / OCI)
- PAN and Indian bank account (NRO / NRE)
- Sale deed / title chain for the property
- Encumbrance certificate
- TDS certificate (Form 16B) if buying / selling
- PoA (if you can't be physically present)
Expected consultation process
- 1AI screens the transaction type and tax position.
- 2Match to an NRI-property specialist (Delhi / Mumbai / Bangalore / Chennai are common bases).
- 3Title due diligence + tax structuring memo before you sign.
- 4PoA / sale-deed drafted and attested via Indian consulate.
- 5Registration, TDS deposit, and repatriation handled end-to-end.
FAQs
- What's the TDS rate when an NRI sells Indian property?
- 20.6% (long-term capital gain) or up to 30%+ (short-term) on the sale value — unless you get a Lower-TDS certificate under §197 based on actual capital gain.
- Can an NRI buy agricultural land in India?
- No — RBI/FEMA bar NRIs and PIOs from buying agricultural land, plantation property, or farmhouses. Inherited agricultural land is allowed.
- How much can I repatriate from a property sale?
- USD 1 million per financial year out of NRO balances, after tax. NRE balance is fully repatriable.
- Does my PoA work in India?
- Only if it's attested by the Indian consulate / embassy in your country of residence AND adjudicated/registered in the state where the property is.