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Inheritance & Estate

Inherited a house in India as an OCI who never lived there: where to start

I hold an OCI card, I have never lived or filed taxes in India, and I have inherited my parents' house that I want to sell. Where do I even begin?

You hold an OCI card, you have never lived in India or filed anything there, and you have inherited a house that you now want to sell. You have no PAN, no Indian bank account set up for this, and no idea whether you even need to file an Indian return. It feels like a wall, but the path is a clear sequence, and inheriting itself costs you nothing in tax.
Last reviewed: 30 July 20267 min readReviewed by Preetesh Maloo, CA

The short answer

Inheriting the house is not taxed, because India has no estate tax and inheritance is not treated as income. Tax only comes up when you sell. To sell you need an Indian PAN, which as a foreign passport holder you get on Form 49AA, and an NRO account for the proceeds. Because you are a non-resident, the buyer deducts TDS under Section 195 on the whole sale value, not the 1% a resident seller faces. Your cost is what the original owner paid, or the 1 April 2001 value for an older property, so the taxable gain is smaller than the sale price. You then file an Indian return to pay the real tax on the gain and reclaim the excess TDS, and repatriate the money up to one million dollars a year.

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Inheriting costs you nothing, selling is where tax starts

The first thing to settle is that receiving the house is not a taxable event. India abolished estate and inheritance tax long ago, and the gift rules specifically exclude anything received under a will or by inheritance, so nothing is due when the property passes to you. You can hold it as long as you like with no Indian tax on the holding itself, beyond any local property taxes.

Tax arises only when you sell, as capital gains. So the whole exercise is really about being set up to sell cleanly and to pay the right, usually modest, tax on the gain rather than an inflated withholding.

The three things you need before you can sell

As someone with no Indian tax footprint, you need to put three things in place.

A PAN. You cannot sell or file without one. As an OCI on a foreign passport you apply on Form 49AA, the PAN form for people who are not Indian citizens, which becomes Form 95 from FY 2026-27. It is driven by your passport nationality, not where you live.

An NRO account. The sale proceeds are rupee funds from an Indian source, so they must go into an NRO account, not an NRE account, which is only for money earned abroad.

Awareness of the TDS. Because you are a non-resident seller, the buyer does not deduct the 1% a resident seller faces. The buyer deducts under Section 195 on the full sale value, at the long-term rate of 12.5% plus surcharge and cess, which is a large sum held back until you reclaim it.

Your cost is the old owner's cost, so the real gain is smaller

The number that matters for tax is the gain, not the sale price, and your cost is not zero just because you inherited. Under Section 49(1) your cost is what the original owner paid, and the holding period includes theirs, so the sale is almost always long-term. If the property was bought before April 2001, you can instead use its value as on 1 April 2001, under Section 55(2)(b), which is usually much higher than the old purchase price and cuts the gain further.

So the taxable gain is the sale price minus that carried-over or 2001 cost, taxed at 12.5% without indexation. As an OCI you do not get the 20% with indexation option that resident sellers have, but 12.5% on the gain is still far less than the TDS taken on the whole price.

You do need to file, and that is how you get money back

You must file an Indian return, ITR-2, for the year you sell. Two reasons make it unavoidable. A non-resident cannot set a capital gain against the basic exemption the way a resident can, so any taxable gain creates a liability and a filing duty. And because TDS was taken on the entire sale value, far more than the tax on your actual gain, filing the return is how you claim the difference back as a refund with interest.

Once the tax is settled and the refund in hand, you repatriate the money out of the NRO account, up to one million dollars per financial year, under the RBI remittance-of-assets route, with Form 15CA and a chartered accountant's Form 15CB (Form 145 and 146 from FY 2026-27). If more than one of you inherited, each heir has their own one million dollar limit.

A worked example

Meera, an OCI in Canada who has never lived in India, inherits her father's Bengaluru flat, which he bought in 1998, and sells it for one crore rupees.

Because the flat predates 2001, her cost is its 1 April 2001 value, say twenty-five lakh, not zero and not the old purchase price. So her taxable gain is about seventy-five lakh, taxed at 12.5% with surcharge and cess, roughly eleven lakh of Indian tax. The buyer, though, deducts under Section 195 on the full one crore, about fourteen lakh, so more than she owes is held back. Meera gets a PAN on Form 49AA, files her return to bring the tax down to the eleven lakh on her real gain, reclaims the roughly three lakh difference with interest, and repatriates the money within her one million dollar limit for the year.

What's involved

What the CA actually does

  1. 1

    Get your PAN and account set up

    We prepare your Form 49AA PAN application as a foreign passport holder and guide the NRO account, so you can transact and file.

  2. 2

    Keep the TDS down at the sale

    We can apply for a lower-TDS certificate so the buyer deducts on your actual gain, not the whole sale value, freeing most of your money at closing.

  3. 3

    Compute the real gain

    We establish the original or 1 April 2001 cost, apply the carry-over rules, and work out the true taxable gain.

  4. 4

    File and repatriate

    We file your return to reclaim the excess TDS, and prepare the Form 15CA and 15CB to move the money abroad within your yearly limit.

What to have ready

Documents you'll typically need

  • Proof of inheritance, the will or succession document
  • The original owner's purchase deed, or 1 April 2001 valuation
  • Your OCI card and foreign passport
  • Sale deed once agreed

References on this page

  • Section 56(2)(x) proviso (inheritance not taxed)
  • PAN Form 49AA (Form 95 from FY 2026-27)
  • Section 195 (Section 393 from FY 2026-27)
  • Section 49(1) and Section 55(2)(b) (cost of acquisition)

Frequently asked questions

Common questions

No. India has no estate or inheritance tax, and inheritance is not treated as income, so receiving the house costs you nothing in tax. Tax only arises when you sell, on the capital gain, not the whole value.

Yes, once you set up. As an OCI on a foreign passport you get a PAN on Form 49AA (Form 95 from FY 2026-27), open an NRO account for the proceeds, and then you can complete the sale and file. We handle the sequence.

Because you are a non-resident seller, the buyer deducts under Section 195 on the full sale value at 12.5% plus surcharge and cess, not the 1% a resident seller faces. It is more than your real tax on the gain, which is why you either get a lower-TDS certificate first or reclaim the excess by filing.

Your cost is the original owner's cost under Section 49(1), and for older property you can use the 1 April 2001 value under Section 55(2)(b). So the taxable gain is the sale price minus that cost, not the whole price, and it is taxed at 12.5% without indexation.

Yes and yes. A non-resident cannot shelter a capital gain under the basic exemption, so any taxable gain means you must file, and filing is how you reclaim the TDS taken on the full sale value as a refund. Then you repatriate up to one million dollars a year.

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.

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.

Long-term holding period: all other assets including immovable property

Right now: 24 months for ALL assets other than listed securities

Where it works differently

Unlisted shares transferred on or after 23 July 2024
24 months, down from 36.
Finance (No. 2) Act 2024 rationalised every non-listed asset to 24 months.
The asset was inherited
The previous owner's holding period is added.
Explanation 1(b) to s.2(42A), read with s.49(1).
The transfer is a slump sale under s.50B
The 36-month long-term line is retained, not the 24 months that applies elsewhere.
s.50B was not rationalised by the Finance (No. 2) Act 2024, so the 36-month line survives there alone.

Commonly got wrong

  • Unlisted shares are long-term after 36 months. True only for transfers up to 22 July 2024. It is 24 months from 23 July 2024.State the transfer date, then the period.
  • Debt mutual funds become long-term after 36 months. Specified mutual funds bought on or after 1 April 2023 are always short-term under s.50AA, regardless of holding period.Specified mutual funds bought on or after 1 April 2023 are always short-term under s.50AA.

Form 15CB requirement threshold

Right now: Rs 5,00,000 in the financial year, where the remittance is chargeable to tax

Where it works differently

The remittance is not chargeable to tax
Part D of Form 15CA only. No 15CB.
Rule 37BB structure.
The remittance falls in the specified exempt list
No Form 15CA at all.
Rule 37BB(3) specified list.

Commonly got wrong

  • Every outward remittance needs Form 15CB. Only where chargeable to tax and above Rs 5 lakh in the year.Form 15CB is needed only where the remittance is chargeable to tax AND exceeds Rs 5 lakh in the financial year. Otherwise Part D of Form 15CA is enough.

Inherited an Indian house as an OCI who never lived there?

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