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Dealing with an NRI

Selling a jointly held property when your co-owner is an NRI

One flat, two owners and two tax treatments to put into the same sale deed.

You and your sibling are selling together, but only one of you lives in India. A single sale price does not mean a single TDS rate, one tax return or permission to put both shares into whichever bank account is easiest.
Last reviewed: 26 September 20266 min readReviewed by Preetesh Maloo, CA

The short answer

Each co-owner computes capital gains on their own share, and the buyer deducts separately for the resident and NRI sellers. Your resident share uses 1% TDS where the property threshold is met; your NRI sibling's share uses the non-resident rate unless a valid certificate authorises less. Put both shares, both PANs, separate tax deductions and each owner's receiving account into the sale paperwork.

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Two owners means two capital-gains calculations

Use the ownership shares in the title and succession documents to divide the consideration, original cost, eligible improvements and sale expenses. Each seller reports their own gain and claims their own eligible relief.

Section 24, formerly Section 26, expressly separates co-owners' house-property income where shares are definite. The sale itself is taxed under the capital-gains provisions, Sections 67 and 72, formerly Sections 45 and 48. Section 26 is not a special capital-gains charging rule.

Your resident shareYour sibling's NRI share
Your gain and tax returnTheir gain and tax return
Resident-only indexed-tax protection may apply to qualifying older land/buildingsThat resident protection does not apply
Resident-seller TDSNon-resident-seller TDS

Inherited property keeps the previous owner's cost and holding period. If the flat was rented before sale, use the co-owned rental-income page for that separate income stream.

The buyer splits TDS by seller, not by property

SellerDeductionReporting
Resident1% under Section 393(1), formerly 194-IA, on the relevant consideration/stamp-value shareForm 141, formerly Form 26QB; no TAN
NRISection 393(2), formerly 195; long-term base 12.5% plus surcharge and 4% cess, ordinarily on gross share without lower authorityForm 144, formerly Form 27Q, under the TAN route

For resident-seller TDS, the Rs 50 lakh test uses the property's aggregate consideration or stamp-duty value. Do not test only one seller's smaller share. The NRI rule has no corresponding Rs 50 lakh exemption.

Through 30 September 2026 the buyer needs a TAN for the NRI share. From 1 October, a resident individual or HUF has TAN relief even for that share; companies and firms remain outside it. From that date the NRI share is paid and reported on Form 141's new Schedule E, notified on 22 September 2026, still at the non-resident rate. See the 2026 form-change page.

Put the split into the deed and payment schedule

Ask the conveyancing advocate to record each seller's ownership fraction, PAN, gross consideration, TDS and net payment, with that seller's own receiving account and transfer references. Carry the same split into any advance-payment schedule.

SellerGross shareTax held backNet credit
Resident co-ownerTheir stated entitlementResident-seller deductionTheir resident account
NRI co-ownerTheir stated entitlementNRI deduction or certified amountTheir permitted NRI account

Give the buyer a written split before funds are released. A collection arrangement that credits only one sibling does not change who sold each share or whose PAN should receive the tax credit. For several buyers, map every buyer's payments to the correct sellers as well; use the multiple-buyer and seller checklist.

Your sibling's certificate covers their share

Your NRI sibling can apply for lower deduction using Form 128, formerly Form 13, under Section 395, formerly Section 197. The buyer must have the issued certificate before applying it to a covered payment. Check the named payee, deductor where specified, amount, validity and rate.

It does not reduce the 1% on your resident share or authorise a lower rate for another seller. The application acknowledgement and a CA's gain calculation are not the certificate.

Without lower authority, the buyer ordinarily deducts at the applicable non-resident rate on your sibling's gross consideration share. The sibling claims that tax credit in their return and reconciles it to their actual gain. The buyer's NRI-sale page sets out that workflow.

A worked example: Asha in Pune

Asha and her US-resident brother Dev inherited a Pune flat equally. It sells in September 2026 for Rs 2 crore; their parent's 2006 cost was Rs 30 lakh. Assume stamp value is no higher, no costs, improvements, losses, reinvestment relief or lower certificate, and Asha has used her basic exemption against other income.

CalculationAsha, residentDev, NRI
Sale shareRs 1 croreRs 1 crore
Inherited cost shareRs 15 lakhRs 15 lakh
Unindexed long-term gainRs 85 lakhRs 85 lakh
Base gain tax at 12.5%Rs 10,62,500Rs 10,62,500
Buyer TDSRs 1 lakhRs 14.30 lakh
Net bank paymentRs 99 lakhRs 85.70 lakh

Dev's TDS is Rs 1 crore x 12.5% x 1.10 x 1.04, including 10% surcharge and 4% cess. Assume no other payments from this buyer. The buyer pays Rs 1,84,70,000 to the siblings and deposits Rs 15,30,000, filing Form 141 for Asha and quarterly Form 144 under a TAN for Dev.

If each owner's total income stays above Rs 50 lakh and below Rs 1 crore, the tax on the Rs 85 lakh gain is Rs 12,15,500 including those additions, before any resident indexed-tax protection for Asha. Their identical base gains do not guarantee identical final tax. TDS is a credit, not an extra tax.

Each owner's money needs its own account trail

Your net share goes to your resident account. Your NRI sibling's goes to NRO, or NRE only where the bank confirms the credit qualifies under the account's repatriable-funds rules. Inherited sale proceeds are not automatically eligible for direct NRE credit. Any later repatriation belongs to the sibling's bank and tax process.

If the draft deed names only your account, ask the advocate and buyer to correct the account and consideration schedule before payment. If already signed or paid, preserve both sellers' instructions and the full bank trail, then arrange the appropriate documented correction with the advocate and bank. Do not relabel your sibling's sale entitlement as a gift to make the bank entries fit.

Reconcile each seller's TDS reporting to their own PAN. Moving the net money between siblings later does not repair a deduction reported against the wrong owner.

What's involved

What the CA actually does

  1. 1

    Compute both owners' gains

    We allocate inherited cost and sale expenses by ownership, then check the resident and NRI tax treatments separately.

  2. 2

    Prepare the buyer's payment split

    We set out each seller's gross share, withholding and net bank credit for the advocate and buyer.

  3. 3

    Check the NRI certificate and buyer's route

    We verify the issued lower-deduction certificate and the TAN or PAN requirements for the actual payment date.

  4. 4

    Reconcile two sellers' tax credits

    We match the buyer's statements, certificates and bank entries to each seller's PAN and return.

What to have ready

Documents you'll typically need

  • Title deed, inheritance papers and confirmed ownership shares
  • Previous owner's purchase deed and improvement costs
  • Both sellers' PANs and residency evidence
  • Draft sale deed, stamp-duty value and advance/payment schedule
  • Each owner's receiving-account details
  • Issued lower-deduction certificate, if any
  • Buyer PAN/TAN, TDS challans, statements and certificates

References on this page

  • Co-owned house-property income: Section 24, formerly Section 26; sale gains: Sections 67 and 72, formerly Sections 45 and 48, Income Tax Department
  • Inherited cost: Section 73, formerly Section 49; long-term gains and resident protection: Section 197 of the 2025 Act, formerly Section 112 of the 1961 Act, Income Tax Department
  • Resident and NRI property TDS: Sections 393(1) and 393(2), formerly Sections 194-IA and 195, Income Tax Department
  • Forms 141 and 144, formerly Forms 26QB and 27Q (Income-tax Rules 2026); Finance Act 2026, section 87, substituting Section 397(1)(c) from 1 October 2026
  • Lower deduction: Section 395, formerly Section 197, application Form 128, formerly Form 13, CBDT
  • RBI Master Direction on Deposits and Accounts, Part II, paragraphs 4.5 and 4.6 (permitted NRE credits) and 6.7 to 6.8 (NRO credits and remittance)

Frequently asked questions

Common questions

No. The buyer applies the resident rule to your share and the non-resident rule to your sibling's share. Your own residential status governs your side.

The calculations and reporting must remain separate for each seller's PAN and status. A blended percentage hides the split and can leave one owner's deduction short.

No, the resident-property threshold looks at the aggregate property transaction and relevant stamp-duty value. An NRI seller's payment does not gain a Rs 50 lakh exemption.

No. It applies only to the payee and payments within its terms. Your resident-share deduction remains separate.

A resident individual or HUF buyer no longer needs a TAN for the NRI property payment. The NRI rate still applies, and the buyer must use the PAN reporting procedure prescribed for that transaction.

Record separate receiving accounts before payment so each credit matches the sale entitlement. If one account has already been used, have the advocate and bank document the correction; the tax still belongs to the respective sellers.

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.

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.

Health and education cess

Right now: 4% health and education cess

Commonly got wrong

  • 3% cess. Stale since AY 2019-20.Health and education cess is 4% on tax plus surcharge, from AY 2019-20 onward.

No basic-exemption set-off for non-residents on special-rate income

Right now: Not available to non-residents

Where it works differently

The NRI has ONLY capital gains of Rs 3 lakh
Full tax on the whole Rs 3 lakh. An otherwise identical resident would pay nothing.
The proviso allowing the shortfall to be adjusted is resident-only.
The income is the Rs 1.25 lakh s.112A exemption
That IS available to non-residents. Different provision.
s.112A is not residence-restricted.

Commonly got wrong

  • An NRI with income below the basic exemption owes nothing. Only true if none of it is special-rate income.Split ordinary income from special-rate income.

Does your sale deed separate your share from your NRI sibling's?

Send the draft deed, ownership shares, original cost and both sellers' status details. We will prepare the two tax calculations and the buyer's payment split.

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