Practice · 03

Property & InheritanceProperty sale, lower-TDS certificate, capital gains and repatriation under FEMA.

Buying, selling, gifting and inheriting Indian property as an NRI — including the TDS, capital gains and FEMA treatment of sale proceeds.

When an NRI sells Indian property the buyer must deduct TDS at 12.5% (LTCG) or 30%+ (STCG) on the full sale value unless a Section 197 lower-deduction certificate is obtained first. Capital gains can be sheltered under Section 54, 54F or 54EC. Repatriation routes through NRO and Form 15CA/CB.

Last reviewed: June 2026 · Updated for AY 2026-27

From the author of NRI Tax Blueprint 2025

Regi Tom Antony, FCA — a practicing Chartered Accountant who advises NRIs, OCIs and returning founders on the same questions every week. Every page here is drawn from the book and live engagements, not stock copy.

About the author

Background reading Pair this engagement with the educational hub:

Property & Repatriation hub
What you get

Every deliverable, in writing.

Engagements end with a single document: your blueprint. It maps each action, the form it needs, the deadline, and who owns it.

  • 01TDS on sale of property by NRI (Sec. 195)
  • 02Lower-deduction certificate to release blocked TDS
  • 03Capital gains exemption — Sec. 54 / 54F / 54EC
  • 04Repatriation of sale proceeds via Form 15CA/CB
  • 05Inheritance, gift and Power of Attorney planning
  • 06Builder dispute and clean-title coordination
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Two sentences is plenty for the first reply. Direct, written, by Regi.

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Questions we hear most

Answered, candidly.

The buyer wants to deduct 12.5%+ TDS — can I lower it?
Short answer: depends on residency, corridor and timing. Long answer is in the engagement — book a call to walk it through.
Can I reinvest in another Indian property to save tax?
Short answer: depends on residency, corridor and timing. Long answer is in the engagement — book a call to walk it through.
Inherited property — what's the cost basis for capital gains?
Short answer: depends on residency, corridor and timing. Long answer is in the engagement — book a call to walk it through.
Can I gift my Indian flat to my parents tax-free?
Short answer: depends on residency, corridor and timing. Long answer is in the engagement — book a call to walk it through.
Continue the blueprint

Next: Return Planning & RNOR

OCI status, PAN/Aadhaar, NRE-NRO routing and FEMA compliance for everyday moves.

Open Return Planning & RNOR
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