Property · Inheritance

Inheritance of Property by NRIs — Title, Cost Basis and Clean Repatriation

Succession proof, legal heir certificates, partition deeds, stepped-up cost basis for capital gains, and the path to repatriating inherited proceeds.
Why this matters

The stakes, plainly.

Most NRI repatriation questions begin with inherited property. The repatriation rules are favourable, but the title and tax file need to be built carefully.

Common situations

Where this usually comes up.

01

Single heir, will-based

Probate or letters of administration depending on jurisdiction.

02

Multiple heirs, intestate

Legal heir certificate, partition deed, mutation in revenue records.

03

Joint family / ancestral property

HUF unwinding, partition, share allocation — modelled for tax and FEMA.

What goes wrong

Expensive mistakes we keep cleaning up.

01

Selling without mutation

Title risk; buyer's lawyer will reject.

02

Wrong cost basis

Inherited assets get stepped-up basis at owner's acquisition; many NRIs misreport.

03

Missing succession proof at repatriation

CA cannot sign 15CB without it.

What we cover

The engagement, in writing.

  • 01Succession documentation pack
  • 02Mutation and partition coordination with local revenue and registry
  • 03Cost basis carry-over from original owner under Section 49(1) (no indexation post-23 July 2024)
  • 04Capital gains tax planning on later sale
  • 05Repatriation pathway with full source trail
Common questions

Answered, candidly.

Is inherited property taxable on receipt?
No. Inheritance is not taxable. Tax arises only on later sale or rental income.
What is the cost basis?
The original owner's acquisition cost carries over under Section 49(1). From 23 July 2024, no indexation applies — LTCG on sale is taxed at 12.5% on (sale price minus that original cost).
Can inherited proceeds be repatriated?
Yes, within the USD 1M annual cap with succession proof and standard 15CA/CB.
Authored authority

The frameworks on this page are drawn from NRI Tax Blueprint 2025 — written by Regi Tom Antony, FCA, the practicing CA who advises on the same problems every week.

About the book
On the record

What clients say after the plan ships.

Regi mapped out the RNOR window before I moved and saved us nearly two years of needless India tax on our US brokerage. The plan was written, dated, and exactly what I needed.

Recovered USD 38k in pre-empted tax via RNOR sequencing.

Figures reflect aggregate RTA & Associates client engagements, 1997–2025; individual outcomes vary.

Anand R.
Tech founder, returning from California
USA → India
We sold our Bengaluru flat from Dubai. The Section 197 lower-deduction certificate alone freed up ₹42 lakh of working capital while the sale closed. No other CA we spoke to even raised it.

TDS reduced from 14.95% to 4.1% via Form 13.

Figures reflect aggregate RTA & Associates client engagements, 1997–2025; individual outcomes vary.

Farah K.
Investment banker, Dubai
UAE → India
Clear, direct, on the record. Regi told us what would and wouldn't work — and exactly what the next filing was. No upsell, no fog.
Priya & Mahesh S.
Doctors, NHS, planning return
UK → India
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  • NRI Tax Blueprint· Authored playbooks
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