NRI selling property in Delhi
NRIs can sell Delhi property through a registered power of attorney, so a visit is not needed. The buyer deducts TDS, and the proceeds can be repatriated within the RBI limits in force, which your bank and CA confirm. Plan 4 things early: the power of attorney, the TDS certificate, the tax and the transfer.
· By Raghav Chopra, founder, in South Delhi real estate since 2010
Can an NRI sell without visiting?
Yes. The NRI appoints a person in India by a power of attorney, which is signed abroad, attested as the rules require and registered, and that person signs the sale deed. Ultra's legal team takes care of the power of attorney for NRI clients.
Raghav Chopra coordinates the timing so the document is ready before the registration date.
How does TDS work for NRI sellers?
The buyer deducts TDS under Section 195 before paying an NRI seller, often on a larger base than the real gain. The seller claims credit or a refund in the return, unless a lower-deduction certificate is obtained before the sale.
The TDS article and the NRI TDS calculator explain the mechanics.
How do you repatriate the proceeds?
Sale proceeds can be sent abroad within the RBI limits in force at the time, which your bank and CA confirm.
The remittance needs tax to have been paid and the right forms, which your CA and bank prepare.
Which documents are needed?
Expect the registered power of attorney, passport and overseas address proof, PAN, the title documents and bank details for the NRO account. Your CA adds the tax forms.
Start the paperwork as soon as you decide to sell, because attestation abroad takes time.
What an NRI needs to sell, and who does it
| Item | What it is | Who arranges it |
|---|---|---|
| Power of attorney | Lets a person in India sign the sale deed | Ultra's legal team, with the NRI signing abroad |
| TDS certificate | Proof of tax deducted by the buyer | Buyer, usually through a CA |
| Lower-deduction certificate | Cuts the TDS to the actual gain | NRI seller, through a CA |
| Tax return | Reports the gain and claims credit for TDS | NRI seller, through a CA |
| Remittance | Sends the proceeds abroad | NRI seller, through the bank and a CA |
Rules and forms change; your CA confirms them for your sale.
Frequently asked questions
Can an NRI sell Delhi property by power of attorney?
Yes, through a registered power of attorney that authorises a named person to sign the sale deed. The document is signed abroad and attested as the rules require. Ultra's legal team arranges it for NRI clients, and Raghav Chopra coordinates the timing with the registration.
How much TDS will the buyer deduct from an NRI?
The buyer deducts under Section 195, at the NRI rate with surcharge and cess, often on the whole sale price. A lower-deduction certificate can reduce it to the real gain. Use the NRI TDS calculator for an estimate, then confirm with your CA.
Can I send the sale proceeds abroad?
Yes, within the RBI limits in force, after the tax is paid and the forms are filed. Your bank and CA prepare the remittance, so ask them for the current limit, the sequence and the forms before the sale closes, and keep the tax payment records to show the bank.
How long does the whole process take?
Attestation of the power of attorney abroad and the lower-deduction certificate take the most time, so start both as soon as the price is agreed. The sale itself then follows the usual sequence of token, agreement to sell and registration, which Raghav Chopra coordinates from India.
This is general information, not legal or tax advice. Confirm with your CA or lawyer before acting.
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