Start at least 30 days before the agreement. Check the documents, work out the gain for each owner, decide on reinvestment, and apply for a lower TDS certificate in Form 128 (earlier Form 13) before you sign. Then put the TDS, payment and possession terms in the agreement, check the buyer's TDS reaches your tax statement, and file your return before repatriating.
Last reviewed: · Reviewed by Regi Tom Antony, FCA · NRI property sale services
Collect the title deed and earlier title chain, the encumbrance certificate, tax and society receipts and any NOCs. Confirm your PAN is active, that your residential status is recorded as non-resident, and that every co-owner has a PAN.
Work out the cost, improvements, brokerage and legal costs, the holding period and the state's stamp duty value for each owner's share. Use the NRI property TDS calculator for a first estimate and read the stamp duty value rule.
Decide whether part of the gain goes into a new house under section 82 (earlier section 54), capital gains bonds under section 85 (earlier section 54EC), or the Capital Gains Account Scheme. See house vs bonds.
File Form 128 (earlier Form 13) under section 395 (earlier section 197) on TRACES with the computation and draft agreement, so the buyer deducts only the tax actually due. Processing usually takes a few weeks. See the lower TDS certificate guide.
Use a power of attorney limited to this one sale, executed before the Indian embassy or consulate or notarised and apostilled where available, and stamped in India within three months of receipt. See selling through a power of attorney.
Tie the TDS rate to your certificate, require payment only by bank transfer into your NRO account by milestones, hand over possession only after full payment and TDS proof, and add an indemnity if the buyer defaults on TDS.
Register the deed, receive the balance into your NRO account and collect the buyer's TDS challan details the same day. Joint owners each sign for their own share; see joint owners and TDS.
Check the TDS appears in your Form 26AS / AIS after the buyer's quarterly statement. If it does not, follow what to do if the buyer does not deposit TDS. Buy bonds within six months, file your return for the refund, and repatriate with Form 145 and Form 146 (earlier Form 15CA and 15CB).
NRI Property Sale Checklist 2026 (PDF)
The 30-day checklist, 2026-27 TDS rates, the Rs 1 crore worked example and the seven mistakes to avoid, with Form 128 and Form 146 (earlier Form 13 and 15CB).
A 15-minute NRI Tax Discovery Call to scope your situation and the right next step.
This guide is general information published by RTA & Associates. It is not tax, legal, financial or investment advice, and it does not create a client relationship. It does not take account of your personal circumstances, and you should not act or refrain from acting on the basis of anything here.
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