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Dealing with an NRI

Buying property from an NRI seller: the buyer's due-diligence checklist

The seller lives abroad, may never visit, and leaves you holding the tax risk and the title risk. Check these before any money moves.

When the seller is an NRI, two risks move onto the buyer. The tax deduction is yours, and a short deduction is recovered from you, not from a seller who has gone back to Dubai or Dallas. And the seller is usually absent, so the sale runs on a power of attorney, an heir's paperwork or a sibling's signature that you have to test before you pay a token.
Last reviewed: 26 September 20268 min readReviewed by Preetesh Maloo, CA

The short answer

Before paying an NRI seller anything, including the token, confirm four things, then pay only into the seller's own Indian bank account. The seller is non-resident for the year of payment and has a valid PAN. The title chain, encumbrance certificate and society or authority records are clean. Whoever signs has authority: a property-specific power of attorney authenticated abroad and stamped in India, or every heir. And you deduct TDS at the non-resident rate on the full price (Section 393(2), formerly Section 195), not the 1% resident rate; a lower-deduction certificate from the seller is the safe way to deduct less.

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Before the token: is the seller really an NRI, and at what rate?

If the seller is non-resident for the year you pay, every payment carries a deduction at the non-resident rate, so confirm status and PAN before the token.

CheckWhy it mattersWho does it
Seller's residential status for the financial year of payment (Section 6)An NRI seller means tax on every payment at the non-resident rate, with no Rs 50 lakh threshold (Section 393(2), formerly 195). A resident, including an RNOR, means 1% where the price or stamp value is Rs 50 lakh or more (Section 393(1), formerly 194-IA)You, from a written declaration plus passport or visa evidence
PAN, and that it is operativeNo PAN, or an inoperative one, raises the rate to at least 20% (Section 397(2), formerly 206AA). A seller with no PAN escapes that only by giving name, email, phone, foreign address, tax residency certificate and foreign tax number (Rule 217, formerly 37BC)You, on the e-filing portal's Verify PAN status
Date the seller acquired itHeld 24 months or less is short-term, which means a higher deduction rateYour CA, from the seller's purchase deed
Lower-deduction certificateThe usual way to deduct less (Form 128, formerly Form 13; Section 395, formerly Section 197)The seller applies; you check it

If the seller says they are resident so you can deduct 1%, and they are not, the shortfall is yours. A declaration helps your file; it does not move the liability.

Before the agreement: the title documents to check

Your advocate should check these eight records before you sign the agreement; your lender will ask for most of them too.

DocumentWhat it proves
Every registered deed back through the chain of titleEach owner had the right to sell to the next
Encumbrance certificate from the sub-registrarNo registered mortgage, charge or other sale
Mutation or khata extract in the seller's nameThe municipal or revenue record matches the deed
Society NOC and share certificate (flat in a society)The society accepts the transfer and the seller holds the shares
Property tax, maintenance and utility receiptsNo dues pass to you
RERA registration, occupancy and completion certificates (newer buildings)The building is approved and lawfully occupied
Court and revenue litigation searchNo pending suit, attachment or tenancy claim
Seller's loan statement and the bank's NOCThe bank is paid from the sale money at completion and releases the original deeds to you

If the NRI seller signs through a power of attorney

A power of attorney works only if it names this property, was authenticated abroad and was stamped in India in time.

CheckWhat good looks like
ScopeNames this property and expressly allows sale, signing, registration and receipt of the price. A general "manage my affairs" document is not enough
Execution abroadSigned before, and authenticated by, a notary, Indian consul or other listed officer (Registration Act, Section 33); in practice an apostille or Indian-mission attestation
Stamping in IndiaWithin three months of first reaching India (Indian Stamp Act, Section 18, and state equivalents)
RegistrationWhere state law requires it. Kerala does, unless the attorney is a close relative
Still validThe seller is alive and has not revoked it; a power of attorney normally ends on the principal's death

Ask the seller for a dated written confirmation of the sale from their own email, close to registration. The attorney signs; only the registered sale deed passes title. See the POA sale guide, attestation by country and stamping rules.

Inherited property sold by an NRI heir

An heir can sell only what they inherited, so confirm who all the heirs are and that each one either signs or has given up their share by a registered deed.

SituationWhat to ask for
WillThe will, plus probate if obtained; the other heirs' consent where the will could be contested
No willLegal-heir or family-member certificate and a family tree that matches the personal law
Some heirs not sellingRegistered release or relinquishment deeds in favour of the sellers
RecordsMutation into the heirs' names before your deed, where the local office allows

Probate is no longer compulsory for wills covering property in Mumbai, Kolkata or Chennai, where it once was: Section 213 of the Indian Succession Act was omitted by the Repealing and Amending Act 2025, assented to on 20 December 2025. Your lender or registrar may still ask for it. A succession certificate covers debts and securities, not a flat. Compare the documents on the legal-heir, succession and probate page.

Before the deed: price, stamp value, TDS and payment

Put the tax base, the certificate rate and the payee account into the agreement before registration.

ItemThe rule
Tax baseThe full price at the non-resident rate, including any part used to clear the seller's loan, unless a certificate says otherwise. That is the safe default, because you cannot verify the seller's gain
CertificateCheck the rate, amount and validity period; use it only for payments it covers
Price below stamp-duty valueFor you: if stamp value exceeds price by more than the higher of Rs 50,000 and 10% of the price, the gap is your income (Section 56(2)(x) of the 1961 Act, carried into the 2025 Act). For the seller: above 110% of price, stamp value becomes their sale price (Section 78 of the 2025 Act, formerly 50C)
Joint sellersA separate deduction per seller, by status and share
Where you payThe seller's own Indian account, normally NRO. Not abroad, not a relative's account

The seller may not accept Rs 20,000 or more in cash as an advance or price for property (Section 269SS of the 1961 Act, carried into the 2025 Act). For co-owners, use the joint-seller split and the multiple buyers or sellers checklist.

After each payment: deposit, report, certify

The route depends on the date of each payment and on who you are, not on the registration date.

Payment and buyerPay and reportCertificate to the seller
Any buyer, paid up to 30 September 2026TAN; deposit by the 7th of the next month (30 April for March); quarterly Form 144, formerly Form 27QForm 131, formerly Form 16A
Company, firm, NRI or other buyer that is not a resident individual or HUF, any dateSame TAN routeForm 131, formerly Form 16A
Paid from 1 October 2026 by a resident individual or HUFNo TAN; pay and report together on Form 141, Schedule E, within 30 days of the month-endForm 132

Keep the deed, agreement, certificate, challans, bank trail and the seller's status evidence together. If you deducted too little or paid late, you are treated as the defaulter (an assessee in default under Section 398 of the 2025 Act, formerly Section 201): interest runs at 1% a month for not deducting and 1.5% a month for deducting but not paying. Correct it while you can still reach the seller. See the 2026 TAN and form changes and the wrong-form fix.

Precautions: the red flags that should stop the deal

Stop before paying if any check above fails, or if you see one of these.

Red flagWhat it usually meansWhat to do
Seller wants the full price with no tax deductedThey are pushing their tax onto youRefuse; ask for a Form 128 certificate instead
Original title deeds are "with a relative" or cannot be producedA possible undisclosed loan or earlier saleInspect the originals before the token
You can reach the seller only through the attorneyThe POA may be revoked, or the seller may have diedSpeak to the seller directly before each payment
Pressure to pay the token before papers are sharedYou lose leverage to fix any gapDocuments first, token second

Edge cases that change the answer

These situations change what you deduct, who may buy, or which papers you need.

SituationWhat changes
Seller becomes resident mid-dealPayments falling in two financial years can need two treatments
Certificate names a different buyerIt does not cover you. The seller asks for a fresh certificate naming you
Your home loan pays the seller directlyThe bank does not deduct for you. Deduct from your own contribution, or split the disbursement
Under-construction flat resold by the allotteeStill a sale by an NRI. Add the builder's NOC, the endorsed allotment and any tripartite loan papers
Seller is an OCI or foreign citizenSame deduction. A foreign citizen who is not an OCI, or a citizen of certain neighbouring countries, may need RBI permission to sell
Seller is a companyAn Indian company is resident: the 1% route. A foreign company: non-resident deduction at company rates, plus a board resolution naming the signatory
Agricultural landNRIs and OCIs cannot buy it. An NRI heir can sell it only to a resident Indian citizen. Rural farmland may not be a capital asset, so ask for a nil certificate rather than judging it yourself
You are also an NRIYou may buy, paying from NRE, NRO or FCNR(B) or by inward remittance. You deduct and report like a company buyer, on the TAN route in the payment table

Missed a step? Most can still be fixed

Fix the tax gaps first, because they grow every month. Fix title gaps, such as a power of attorney revoked before the deed or an heir who never signed, by a further registered deed while that person can still be reached. The missed-step fix guide takes each gap in turn.

A worked example: Rohan in Hyderabad

Rohan, a resident, agrees to buy Priya's Hyderabad flat for Rs 1.20 crore. Priya lives in Dubai and bought it in 2016 for Rs 60 lakh, so her gain is long-term. Stamp-duty value is Rs 1.30 crore. Every payment is made in November 2026, and his bank lends Rs 80 lakh, paid straight to Priya's NRO account.

Stamp value: the Rs 10 lakh gap is under 10% of the price (Rs 12 lakh), so nothing is taxable for Rohan and Priya's gain uses Rs 1.20 crore.

No certificateCertificate at 7%
Tax deductedRs 17,94,000 (14.95%)Rs 8,40,000
From the bank to PriyaRs 80,00,000Rs 80,00,000
From Rohan to PriyaRs 22,06,000Rs 31,60,000
Priya receivesRs 1,02,06,000Rs 1,11,60,000

14.95% is 12.5% plus 15% surcharge (payment above Rs 1 crore) plus 4% cess. Rohan's own Rs 40 lakh covers the tax either way. Paying as a resident individual after 1 October 2026, he needs no TAN and reports on Form 141, Schedule E.

What's involved

What the CA actually does

  1. 1

    Pre-purchase review of the seller's file

    We read the draft agreement, the seller's status evidence, PAN status and any Form 128 certificate, and tell you the deduction before you pay the token.

  2. 2

    Test the power of attorney and heir papers

    We check the POA's scope, authentication and stamping dates, and whether every heir has signed or released, with your advocate.

  3. 3

    Build the payment schedule

    We split each payment, including loan disbursements, into seller's net, tax and co-owner shares, ready for the agreement and your bank.

  4. 4

    Deposit, report and certify

    We deposit the tax, file the Form 144 or Form 141 return that applies to each payment date and get the seller their certificate.

What to have ready

Documents you'll typically need

  • Draft agreement for sale and payment schedule
  • Seller's PAN, passport or visa pages and a residency declaration
  • Chain of title, encumbrance certificate, mutation or khata extract
  • Society NOC and share certificate, or RERA, OC and CC for a newer building
  • Power of attorney with authentication and stamping proof, or heirs' papers
  • Form 128 certificate, if issued, and the seller's Indian account details

References on this page

  • Section 195 of the Income-tax Act, 1961 / Section 393(2) of the Income-tax Act, 2025: tax on payments to a non-resident, Income Tax Department
  • Section 206AA, 1961 / Section 397(2), 2025; Rule 217 of the Income-tax Rules 2026, formerly Rule 37BC: PAN missing or inoperative
  • Lower deduction: Section 395 of the 2025 Act, formerly Section 197 of the 1961 Act, on Form 128, formerly Form 13
  • Stamp-duty value: Section 78 of the 2025 Act, formerly Section 50C (seller); Section 56(2)(x) of the 1961 Act (buyer)
  • Assessee in default and interest: Section 398 of the 2025 Act, formerly Sections 201 and 201(1A)
  • Section 397(1)(c) of the 2025 Act as amended by Finance Act 2026; Income-tax (Fifth Amendment) Rules 2026, Notification 121/2026, G.S.R. 830(E), 22 September 2026: Form 141, Schedule E, and Form 132, from 1 October 2026
  • Foreign Exchange Management (Non-debt Instruments) Rules, 2019, Rule 24; RBI Master Direction on acquisition and transfer of immovable property
  • Registration Act 1908, Section 33; Indian Stamp Act 1899, Section 18; Repealing and Amending Act 2025, omitting Section 213 of the Indian Succession Act 1925

Frequently asked questions

Common questions

Work through it in the order of the money: seller checks before the token, title before the agreement, authority and payment terms before the deed, and filings after each payment. A gap found before the token costs you a conversation; found after registration, it can cost you the tax or the title.

Ask for three first: the encumbrance certificate, the seller's own purchase deed and the power of attorney or heir papers. If those are clean, your advocate completes the rest of the title file.

On the full price: 12.5% plus surcharge and 4% cess if the seller held the property for more than 24 months, and 30% plus surcharge and cess if not. A Form 128 certificate, formerly Form 13, replaces that rate.

It is a grey area for a rupee payment into the seller's NRO account in India. Ask the bank and a practising CA before filing or omitting it. The seller's later remittance abroad is a separate question for their bank.

First ask whether the seller has already reported the sale and paid the tax in their own return, which can relieve you of the tax itself, though not all the interest. If they have not, deposit the missing tax with interest, file the statement and give the seller the certificate.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Power of Attorney executed abroad: the stamping clock

Right now: Stamped in India within 3 months of receipt in India

Where it works differently

The country is a Hague Apostille Convention member
Notarise locally, then apostille. Otherwise it needs attestation by the Indian mission.
Two different routes; using the wrong one means a rejected document at the sub-registrar.
The 3 months lapse
Penalty stamping is required and the document may be questioned. Sub-registrars do check the receipt date.
Indian Stamp Act.
The PoA is meant to transfer the property itself
It cannot. A GPA does not convey title, per Suraj Lamp (SC, 2011). A PoA authorises someone to ACT for you, not to receive your property.
The commonest and costliest misunderstanding.

Commonly got wrong

  • A PoA can be used to sell the property to the holder. Suraj Lamp held GPA sales convey nothing. A PoA lets an agent act for you; it does not transfer ownership to them.A Power of Attorney lets someone sign on your behalf. It does not transfer the property to them. Only a registered sale deed does that.

TDS rate when buying property from an NRI

Right now: 12.5% plus surcharge and cess on LTCG

Where it works differently

The gain is short-term
TDS is at the applicable slab rate, effectively 30% plus surcharge and cess for most NRI sellers.
s.195 requires deduction at 'rates in force' for the actual character of the income.
No lower-deduction certificate is obtained
TDS applies to the ENTIRE SALE CONSIDERATION, not to the gain.
s.195 operates on the sum paid unless the AO determines otherwise. This is the whole commercial case for Form 13 / Form 128.
There are joint NRI sellers
TDS is deducted separately against each seller's PAN in their ownership proportion.
Rule 37BA. Deducting entirely against one PAN strands the other's credit.
The buyer deducts 1% under s.194-IA
Wrong section. The buyer becomes an assessee-in-default under s.201 for the shortfall plus 1% per month interest and penalty under s.271C.
s.194-IA applies only where the seller is a RESIDENT.

Commonly got wrong

  • TDS on property purchase is 1% over Rs 50 lakh. That is s.194-IA, for RESIDENT sellers only. For a non-resident seller it is s.195 at the full capital-gains rate, with no threshold.1% applies only if the seller is a resident. NRI seller means s.195 at 12.5% plus surcharge and cess on the whole consideration unless a certificate is obtained.
  • The buyer files Form 26QB. 26QB (Form 141 from 1 April 2026) was for s.194-IA resident sellers. Until 30 September 2026 an NRI-seller purchase needed a TAN and Form 27Q (Form 144 from 1 April 2026). From 1 October 2026 a resident individual or HUF buyer uses Form 141's new Schedule E against their PAN, but still deducts at the s.195 / s.393(2) rate, not 1%.Buying from an NRI, you deduct at the full capital-gains rate, not 1%. If you pay on or after 1 October 2026 and you are a resident individual or HUF, you report it on Form 141 Schedule E against your PAN and give the seller Form 132; no TAN is needed. Payments before that date needed a TAN and Form 27Q or Form 144.

How a resident individual buyer deposits TDS on an NRI's property

Right now: No TAN needed: a resident individual or HUF buyer deposits and reports the TDS on Form 141 Schedule E against their PAN and issues Form 132 to the seller

Where it works differently

The buyer is a company, firm, trust or an NRI
Still needs a TAN and files Form 144.
s.397(1)(c) as amended by the Finance Act 2026 (and the Fifth Amendment Rules that follow it) covers only resident individual and HUF buyers.
The payment is rent or interest to a non-resident
Not covered. The payer still needs a TAN.
The amendment is limited to consideration for transfer of immovable property.
The seller has no PAN
Schedule E asks for the seller's foreign contact details, Tax Residency Certificate details and foreign Tax Identification Number.
Used to decide the applicable rate.
Instalments straddle 1 October 2026
The route follows the date of each payment: instalments paid on or before 30 September 2026 go through TAN and Form 27Q / Form 144, later ones through Form 141 Schedule E.
Both the s.397(1)(c) amendment and the Fifth Amendment Rules take effect on 1 October 2026; neither source we read carves out agreements already signed, so treat the payment date as decisive and confirm on the portal.

Commonly got wrong

  • The TAN rule is gone, so the buyer deducts 1% like a resident sale. Only the reporting route changed. The rate is still the s.195 / s.393(2) rate on the whole consideration unless there is a lower-deduction certificate.From 1 October 2026 you do not need a TAN, but you still deduct at the full capital-gains rate for a non-resident seller and report it on Form 141 Schedule E.
  • Every buyer from an NRI can now skip the TAN. Only resident individuals and HUFs are covered.If the buyer is a company, firm, trust or itself a non-resident, it still needs a TAN and files Form 144.

FCNR(B) deposit tenure

Right now: 1 to 5 years; term deposits only, no savings variant

Where it works differently

The holder returns to India permanently
The deposit may run to maturity, then converts to RFC. Interest stays exempt while the holder is RNOR.
Master Direction on Deposits and Accounts.
Premature withdrawal before 12 months
No interest is payable.
Standard RBI condition on FCNR(B).

Commonly got wrong

  • FCNR accounts work like a savings account. FCNR(B) is a term deposit only, 1 to 5 years.FCNR(B) is a fixed deposit in foreign currency, one to five years. There is no FCNR savings account.

Is the NRI seller's paperwork safe to pay against?

Send the draft agreement and the seller's documents for a pre-purchase review before you pay the token. Free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.