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Q.

Can NRI sell property in India without physical presence?

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My brother, who resides in Canada, was concerned about traveling to India for all the paperwork when he planned to sell his apartment here. He then asked me, can NRI sell property in India without going to India? I asked my friend, a legal expert, about the same. He said yes, non-resident Indians can sell real estate in India without being physically present. All they have to do is give a Power of Attorney (PoA) to a trusted person legally.

How NRIs can Sell Property in India Without Visiting India?

An NRI may designate a trustworthy person (such as a family member or a lawyer) to manage the transaction under Section 1A of the Power of Attorney Act, 1882. Here are the steps.

  1. NRIs must confirm that the property is legally owned and dispute-free before starting a sale. 

  2. Select a reliable PoA holder now. 

  3. The representative's powers should be outlined in the crafted PoA form, which should then be confirmed at the Indian Embassy. 

  4. After that, the representative can carry out all required measures for the sale of the property. 

  5. As NRIs selling real estate in India are subject to tax deductions at the source, determine their tax obligations. 

  6. An Agreement to Sell is written once a buyer has been selected. 

  7. Following payment completion, a Sale Deed is signed and filed with the Sub-Registrar Office. 

  8. The sale proceeds may be repatriated by NRIs, subject to RBI restrictions and specific limitations.

I hope you found this helpful.

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0 2022-05-26T09:08:14+00:00

An NRI can sell property in India without even coming here. My uncle did sell his Indian house without even coming here and took no help from his relatives as well. Digital India has indeed made our lives easy and this is one of such examples. An NRI can sell property anytime but he or she will need some documents like:

  • Title of the property (which is in the seller’s name)

  • Occupation Certificate from the municipal corporation in India

  • Sanction Certificate

  • Cooperative share certificate

  • Seller’s PAN

  • Non-Resident Ordinary Bank account

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I would personally like to tell you that these things are crucial so you must take advice from legal experts and lawyers as well. However my uncle sold his property via NoBroker and it was smooth and hassle-free.

Get your legally verified Sale Agreement done by NoBroker easily at an affordable price. 

Opt for NoBroker Legal Services and let their experts answer all your queries

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