Property & Inheritance

Buying, selling and inheriting property in India while living abroad.

A flat in Bangalore bought before moving abroad, a family house in Chennai inherited from parents, a sale to a buyer who wants to know how much tax to deduct: each raises questions of tax, title and the movement of money.

A property transaction involving an NRI rarely turns on a single rule. When an NRI sells a flat in India, the buyer is generally required to deduct tax at source, the seller has a capital gains position of their own, and taking the proceeds abroad follows separate FEMA and banking conditions.

Inheritance adds a further layer. Before tax or repatriation can be considered, succession law decides to whom the property belongs, and a nominee is not automatically the person who inherits.

The tax deducted on a sale is also not necessarily the seller’s final tax. Where the deduction would exceed the tax actually due, the seller can apply for a lower or nil deduction certificate, which needs to be in place before the payment or credit on which tax is deducted.

Where to begin

Where you or an heir live abroad, the tax and legal position in that country should be reviewed by an appropriately qualified professional there.

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