An NRI can sell without travelling by giving a trusted person in India a special power of attorney for that one sale. Execute it before the Indian embassy or consulate, or notarise and apostille it where available, and get it stamped in India within three months of receipt. The tax stays yours: TDS, the lower TDS certificate and the return are all under your PAN.
Last reviewed: · Reviewed by Regi Tom Antony, FCA · NRI property sale services
A special power of attorney limited to one property and one sale is safer than a general one. It should name the property, the minimum price, the bank account that must receive the money (your NRO account), what the holder may sign, and an end date.
Execute it before an Indian embassy or consulate, or before a local notary with an apostille in countries that are party to the Hague Apostille Convention. Then have it stamped (adjudicated) in India within three months of first receiving it, before the sub-registrar will accept it.
Choose the holder carefully, keep the original documents, insist that all payments go to your account only, review the draft agreement yourself, and revoke the power of attorney in writing once the sale is complete. A power of attorney ends on the death of the person who gave it.
The sale is still yours for tax. The buyer deducts TDS under your PAN under section 393 (earlier section 195), the lower TDS certificate in Form 128 (earlier Form 13) is applied for in your name, and you file the return. See the 30-day pre-sale checklist.
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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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