Inherited property in India — sell and repatriate

What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).

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Your situation

What are you doing? Selling or claiming inherited property

Where you stand

Next step Get the tax certificate and bank documents sorted before the sale — repatriation needs them.

Papers to gather

Title deed and chain of earlier deeds
Buyers and banks check the full chain. Where: Your records; sub-registrar.
Purchase cost proof: original sale deed value, payment records, improvement bills
Capital gains (and TDS certificate) are worked out from it. Where: Your records, builder receipts.
Death certificate, will/probate or succession/legal heir papers, and mutation in your name
Needed before you can sell. Where: Municipality, court, revenue office.
PAN, passport, OCI card, overseas address proof
Required for the deed, TDS and bank. Where: Your documents.
Buyer's TDS payment proof and TDS certificate
Needed for your tax return and repatriation. Where: From the buyer; income-tax portal.
CA certificate and online declaration for the remittance (Forms 15CA/15CB or new equivalents)
Banks need it before sending money abroad. Where: Your chartered accountant; bank.
NRO statement showing sale proceeds and the bank's remittance form
Banks track repatriation limits. Where: Your bank.
Indian income-tax return for the year of sale
Claims refund of excess TDS and shows tax compliance. Where: Income-tax portal / CA.

You may also need, depending on your answers

Release / relinquishment deeds or consent of other heirs — A sale without all co-owners is risky for buyers.
Apply for a lower/nil TDS certificate (through a CA) before the sale — Avoids TDS on the full sale value.
Sale PoA executed abroad (consulate, or notary + apostille), stamped in India — Registrars reject improperly executed PoAs.
Ask your bank to redesignate old resident accounts as NRO — FEMA requires resident accounts to be redesignated when you become NRI; frozen accounts are a common result.

What the law says

Buyers must deduct tax (TDS) from payments to NRI sellers on the full sale value unless a lower/nil deduction certificate is obtained. From 1 April 2026 these rules sit in the Income-tax Act, 2025 (renumbered sections and forms). Repatriation is governed by FEMA and RBI rules.

General information, not legal advice.

Saboot will also ask

What kind of property?
How long has it been owned (by you or the person you inherited from)?
Have you applied for a lower/nil TDS certificate?
Will you be in India to sign the sale deed?
Which Indian account will receive the money?

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Similar situations

Sources

The full guide: Selling or inheriting property in India and moving the money abroad · All situations