Short answer: you can sell your property in India without flying back. Give someone you trust in India a power of attorney to sign for you, or sign the sale deed yourself on a visit. Get your documents and PAN in order, show the property to buyers on video, and agree a price. The buyer deducts income tax at source (TDS) from the price because you are a non-resident. The money goes into your NRO account, and you can send up to USD 1 million a financial year abroad with the right forms. If the property is agricultural land, you can sell it only to a person living in India.
This guide is for NRI and OCI owners selling a house, a plot or land in India, step by step.
Who can buy from you
| Property | Who you can sell it to |
|---|---|
| A house, flat, plot or commercial property | A person living in India, an NRI or an OCI cardholder |
| Agricultural land, a plantation or a farmhouse | Only a person resident in India |
NRIs and OCI cardholders cannot buy agricultural land in India, though many own it because they inherited it. That is why a land sale needs a buyer living in India.
Signing from abroad: the power of attorney
- Choose the person. A family member or friend you trust completely, who can attend the sub-registrar office in India.
- Make it specific. A power of attorney for this one sale, naming the property by survey number or door number, is safer than a general one.
- Sign it properly abroad. Sign it at the Indian embassy or consulate, or before a notary with an apostille in countries that follow the Hague Convention.
- Stamp it within three months. Once the document reaches India, the stamp duty must be paid and the document adjudicated within three months, or it can be impounded and charged a penalty.
- Ask a local lawyer about registration. Your lawyer will tell you whether it must also be registered at the sub-registrar office before the sale.
Documents you need
- Your sale deed and the earlier deeds (parent documents)
- For land in Tamil Nadu: the patta, chitta and FMB sketch from eservices.tn.gov.in, and a recent encumbrance certificate (EC) from tnreginet.gov.in
- Your PAN, which is required for the sale and for the tax that follows
- Your passport, and your OCI card if you have one
- The stamped power of attorney, if someone signs for you
- If you inherited the property: the death certificate and the legal heir certificate or will. See selling inherited land in Tamil Nadu
Showing the property while you are abroad
Buyers want to see the property before they make an offer, and you cannot show them around yourself. A professional video of the property, the road, the boundaries and the surroundings lets buyers decide before they travel, so the person you trust in India only meets buyers who are serious. Ask them to keep copies of the documents ready, and never hand over originals before the full payment has arrived.
Tax: TDS and capital gains
- TDS. When the seller is a non-resident, the buyer must deduct income tax at source from the price at the rate that applies to your capital gain. This is much more than the 1% deducted between residents. If you owe less, apply before the sale for a lower deduction certificate in Form 128 (earlier Form 13) on the TRACES portal.
- Lower deduction certificate. If the tax you actually owe is lower, a chartered accountant can apply to the Income Tax Department for a lower deduction certificate before the sale, so less is held back.
- Capital gains. Property held for more than two years is taxed as a long-term capital gain. If you inherited it, the time the previous owner held it counts too. Rural agricultural land is not a capital asset, so selling it carries no capital gains tax.
- File a return. File an Indian income tax return for the year of the sale to claim back any tax deducted beyond what you owe.
Getting the money abroad
The buyer pays into your NRO account in India. From it you can send up to USD 1 million abroad each financial year (April to March), with Form 145 and, above ₹5 lakh, a chartered accountant's certificate in Form 146 (these replaced Form 15CA and Form 15CB in April 2026). Your bank will ask for the sale deed and proof that tax was paid. Property you bought with money sent from abroad can have different rules, so ask your bank.
Sell with Gmore from abroad
Gmore films your property professionally and lists it, and buyers searching nearby get an alert the moment it is live. You can choose to let Gmore take every call and message, and tell you only when an interested buyer books a site visit. A Property Advisor works with you and the person you trust in India. Pay a fixed fee, with zero commission and no agent in between. Sell your property in India from abroad with Gmore, or WhatsApp us on +91 89408 01555.
This guide is general information, not legal or tax advice. Rules on TDS, repatriation and powers of attorney change and depend on your case, so check with a chartered accountant and a lawyer in India before you sign. Last updated October 2026.
