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Dealing with an NRI

You are the heir in India of an NRI: property, accounts and the tax that follows

Your parent or spouse has died abroad, leaving a flat and Indian bank accounts for you to sort out.

The bank wants a claim form, the property papers still name your parent, and an Indian tax return is pending. Receiving the inheritance, proving your entitlement and paying the tax on later income are separate jobs.
Last reviewed: 21 September 20266 min readReviewed by Preetesh Maloo, CA

The short answer

You pay no Indian inheritance tax when you inherit an NRI's Indian property or account balance. Later rent and interest can be taxable to you, and a later sale uses the deceased's acquisition cost and holding period, not the property's value at death. The deceased's pending Indian tax obligations still need a separate return through the legal representative.

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What is tax-free, and what is taxed later

India has no inheritance tax. Money or property received under a will or by inheritance is excluded from the receipt-tax rule (Section 92(3)(c), formerly Section 56(2)(x)).

EventIndian tax treatment
Receive the flat or bank balanceNo income tax on the inheritance itself
Earn rent after inheritingYour income for your ownership share; apply house-property deductions
Earn interest after receiving the moneyYour income, taxed as a resident's interest; the bank deducts resident TDS once the deposit is in your name
Sell the flat laterCapital gain using the previous owner's cost and holding period

A valuation at death does not reset your purchase cost. For qualifying resident individuals with land or buildings acquired before 23 July 2024, compare the 12.5% calculation with the protected 20% indexed calculation under Section 197(3) of the 2025 Act, formerly Section 112 of the 1961 Act. If an executor is still administering the estate, its income can require separate assessment before distribution.

Where the NRE, NRO and FCNR(B) money goes

Tell the bank about the death and request its deceased-depositor claim pack. A resident heir can receive the money; inheriting it does not make you eligible to hold an NRI account.

Deceased's accountResident claimant's route
NROSettle the entitlement into a resident account in India
NRE savingsResident rupee payout after the bank settles the claim
NRE term depositAt maturity it is treated as a domestic rupee term deposit; later interest follows domestic deposit rates
FCNR(B) term depositResident claimant's maturity proceeds convert to rupees on the maturity date; later interest follows domestic term-deposit rates

Ask the bank to distinguish a claim before maturity from one at or after maturity. Do not assume the NRI deposit rate or tax exemption transfers to you. The account-by-account inheritance page covers the wider estate and repatriation questions.

Which paper answers which asset

Start with the bank's claim form, death certificate, claimant identity/address proof, account details and nomination or survivorship record. A nominee receives for the entitled heirs; nomination alone does not settle ownership.

PaperWhat it answers
Death certificateConfirms the death for the bank, tax portal and property file
Legal-heir or surviving-family certificateSupports the family relationship and administrative mutation request
Succession certificateAuthorises collection of specified debts and securities, not title to a flat
Will and any probate or administration grantEstablishes the testamentary claim and authority where a court grant is needed

For a flat, assemble the earlier registered deed, succession papers and any release or partition deed. Ask the local revenue office and sub-registrar for the checklist for the actual mutation or registered instrument. Probate is not automatically mandatory under the old presidency-town rule: Section 213 was omitted in 2025.

Use the document comparison and succession-certificate process. For investments, use share and mutual-fund transmission.

Finish the deceased's return under their PAN

Report income up to death in the deceased's return, through the legal representative. Report subsequent income belonging to you in your own return; keep executor-administered estate income separate where that rule applies. Death does not erase a pending return, tax demand or refund.

Log in with your own account on the e-filing portal. Open Authorised Partners, then Register as representative assessee, create a request and select Deceased (legal heir). Upload the deceased's PAN, death certificate and accepted legal-heir proof. After approval, switch to the representative profile. The legal-heir registration page covers the supporting evidence.

The legal-representative provision is Section 302, formerly Section 159. FY 2025-26 income stays under the 1961 Act and old return forms even when filed in 2026; FY 2026-27 uses the 2025 Act. Retain the deceased's bank interest statements, rent records, tax credits and earlier returns.

A worked example: Anjali in Kochi

Anjali inherits her father's Bengaluru flat, bought in 2009 for Rs 40 lakh and now worth Rs 1.60 crore, plus Rs 22 lakh in NRO. She pays Rs 0 on receipt of those assets. This does not cancel her father's unpaid tax or tax on later rent and interest.

Suppose she sells in FY 2027-28 for Rs 1.60 crore. Assume today's law continues, no selling costs, improvements, losses or reinvestment relief, and other income has used her basic exemption.

CalculationAmount
Sale less inherited costRs 1.60 crore - Rs 40 lakh = Rs 1.20 crore
Base tax at 12.5%Rs 15 lakh
With 15% surcharge and 4% cessRs 17.94 lakh
Resident-seller TDS at 1%, if stamp value is no higherRs 1.60 lakh credited towards tax

Rs 17.94 lakh is the 12.5% computation, not an unconditional future bill. Check eligibility for the resident indexed-tax protection and the sale year's notified index before finalising; assume total income remains below Rs 2 crore. The tax belongs to Anjali because she is the seller, even though her father was NRI.

If the heir also lives abroad

The Indian inheritance exclusion still applies. What changes is the receiving account, tax on later Indian income and the route for taking money abroad.

HeirAccount and later sale
ResidentResident-account settlement; later sale uses resident-seller TDS
NRIBank checks NRE/FCNR(B) repatriable entitlement separately from NRO funds; later sale uses non-resident TDS

Do not send an NRI heir's share through a resident sibling's account merely for convenience. Ask the bank to identify the permitted account and remittance route for that heir. An NRI seller does not get the resident-only indexed-tax protection. The buyer's NRI-sale checklist explains the deduction that their eventual buyer must make.

What's involved

What the CA actually does

  1. 1

    Separate the estate from your income

    We split rent, interest and tax credits around the death and any estate-administration period.

  2. 2

    Prepare the bank claim file

    We reconcile the NRE, NRO and FCNR(B) balances and assemble the claimant and receiving-account evidence for the bank.

  3. 3

    Register and file for the deceased

    We prepare the representative-registration documents and the pending return under the deceased's PAN.

  4. 4

    Rebuild the flat's acquisition history

    We trace the original cost, improvements and holding period, then compare the applicable tax calculations before a sale.

What to have ready

Documents you'll typically need

  • Death certificate and deceased's PAN
  • Will, nomination, legal-heir proof and any court grant
  • Claimant PAN, identity/address proof and resident bank details
  • NRE, NRO and FCNR(B) statements and deposit maturity dates
  • Original property deed, improvement records and succession documents
  • Rent records, interest statements, tax-credit records and pending returns

References on this page

  • Inheritance exclusion: Section 92(3)(c), formerly Section 56(2)(x), Income-tax Act 2025, Income Tax Department
  • Inherited cost and holding period: Section 73(1), formerly Section 49(1), and Section 2(101), formerly Section 2(42A), Income Tax Department
  • Long-term gains: Section 197 of the 2025 Act, formerly Section 112 of the 1961 Act, including the resident land/building tax comparison, Income Tax Department
  • Legal representative and estate income: Sections 302 and 312, formerly Sections 159 and 168, Income Tax Department
  • RBI Commercial Banks Interest Rate on Deposits Directions 2025, paragraphs 30 and 36; FEMA Deposit Regulations 2016
  • Indian Succession Act 1925, Sections 222 and 370; Repealing and Amending Act 2025, omission of Section 213

Frequently asked questions

Common questions

No. India has no inheritance tax, whoever the deceased was and wherever they lived. Later income and an eventual sale need their own tax calculations.

No. The previous owner's acquisition cost and holding period carry over. Preserve the original deed and improvement records, even if the flat is worth much more now.

Yes, through the bank's death-claim process. A resident claimant's NRE term deposit has domestic treatment at maturity, and FCNR(B) maturity proceeds convert to rupees; do not treat the father's NRI status as your own.

No. It concerns debts and securities, not ownership of immovable property. The flat requires its own succession and property-record documents.

Rent belonging to you after inheritance goes in your return for your share. Income while an executor administers an undistributed estate may instead need the estate's separate assessment.

Yes, after the Department approves you as the deceased's legal representative. Use the representative profile and his PAN for his return, keeping your own inherited income separate.

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.

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.

Surcharge cap on capital gains

Right now: Surcharge on income under s.111A, 112 and 112A capped at 15%

Where it works differently

Other income also exists
The cap applies only to the capital-gains component. Other income carries the normal surcharge slab.
The proviso is income-component specific.
The taxpayer is in the new regime
The highest surcharge is 25%, not 37%.
Finance Act 2023 removed the 37% slab from the new regime.
Adding cess
4% health and education cess sits on tax plus surcharge.
Standard computation order.

Commonly got wrong

  • Surcharge on a large NRI property gain can reach 37%. Capped at 15% for capital gains under 111A/112/112A, and 25% overall in the new regime.Surcharge on capital gains taxed under sections 111A, 112 and 112A is capped at 15%, whatever the total income. Cess of 4% then applies on tax plus surcharge.

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.

Which part of your parent's estate needs attention first?

Send the account list, death certificate, property deed and pending-return details. We will separate the bank claim, representative filing and your own tax position.

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