Inherited Property in India: Can NRIs Sell It Using Power of Attorney?

You inherit a property in India.
You live abroad.
And suddenly, you’re buried under questions no one answers clearly.

Can you sell it without coming to India?
Can someone else sign on your behalf?
Can an NRI sell inherited property in India with Power of Attorney — legally and safely?

The confusion is real. And one wrong step can freeze the deal for months.

This guide cuts through the noise and gives you a practical, step-by-step explanation — exactly how NRIs successfully sell inherited property in India using Power of Attorney, without legal trouble or tax shocks.

First Things First: What Counts as Inherited Property?

Inherited property is any property you receive after the death of the owner through:

• A Will

• Legal heirship (when no Will exists)

• Succession under applicable personal laws

It could be a flat, house, commercial unit, or land (with restrictions for agricultural land).

⚠️ Important reality check:
You cannot sell what you haven’t legally become the owner of.
Inheritance ≠ automatic sale rights.

Can NRI Sell Inherited Property in India with Power of Attorney?

Yes.
An NRI can sell inherited property in India with Power of Attorney, even while staying abroad — if the Power of Attorney (PoA) is valid, registered, and specific.

This is not a loophole. It’s a legally recognized process used by thousands of NRIs every year.

For a legal reference, see this detailed breakdown:
Can NRI Sell Inherited Property in India with Power of Attorney?

Step 1: Prove You’re the Legal Owner (Non-Negotiable)

Before PoA, before buyer talks, before pricing — ownership must be clear.

You’ll usually need:

• Death certificate of the original owner

• Will (if available)

• Legal heir certificate / succession certificate

• Mutation updated in your name

? Common NRI mistake:
Trying to sell without mutation.
No serious buyer — or registrar — will proceed without it.

Step 2: Decide If Power of Attorney Is the Right Route

Power of Attorney makes sense when:

• You live outside India

• Travel is impractical

• You trust someone reliable in India

This directly answers a common Google search:
can NRI sell property in India with power of attorney without visiting India?
Yes — physical presence is not mandatory if PoA is valid.

Step 3: Draft a Strong, Sale-Specific Power of Attorney

This is where many deals collapse.

Your PoA must be specific, not generic.

It should clearly authorize the holder to:

• Negotiate sale price

• Sign agreement to sell

• Execute sale deed

• Appear before sub-registrar

• Complete registration formalities

Avoid online templates. Registrars reject vague or outdated PoAs regularly.

Step 4: Attestation & Registration — Where Most NRIs Go Wrong

If You’re Outside India:

1. Sign PoA at Indian Embassy / Consulate
   OR

2. Notarize locally + apostille

Then:

• Courier original PoA to India

• Attorney holder registers it in India

⚠️ Unregistered PoA = invalid sale.
No exceptions.

Step 5: Finding a Buyer & Signing the Sale Agreement

Once PoA is active:

• Attorney holder interacts with buyers

• Sale agreement is drafted

• Token amount is received

• Registration date is fixed

Buyers will check:

• Inheritance documents

• Title clarity

• PoA validity

• Tax compliance

Prepared sellers close faster. Unprepared ones get stuck.

Step 6: Capital Gains Tax on Inherited Property

Inheritance itself is not taxable.
Selling it is.

Key point most NRIs miss:

• Holding period starts from original owner’s purchase date

Tax impact:

• Long-term capital gains → 20% with indexation

• Short-term → slab rates

And yes — can NRI sell property in India with power of attorney and manage taxes remotely?
Absolutely, with a CA handling filings and certificates.

Step 7: TDS on Sale — The Biggest Financial Shock for NRIs

When buyer purchases from an NRI:

• Higher TDS applies

• Usually 20–30% on capital gains

Buyer deducts TDS and deposits it with government.

Without proper planning, large sums get stuck for months.

This is why this guide matters:
Can NRI Sell Inherited Property in India with Power of Attorney?

Step 8: Registration of Sale Deed

On registration day:

• PoA holder appears at registrar office

• Signs sale deed

• Completes biometrics

• Hands over possession

Once registered, ownership legally transfers.

Step 9: Repatriation of Sale Proceeds

NRIs can repatriate:

• Up to USD 1 million per financial year

Requirements:

• Taxes fully paid

• Forms 15CA & 15CB

• Funds routed through NRO account

No shortcuts here — RBI compliance is strict.

Mistakes That Cost NRIs Time & Money

• Selling before mutation

• Using unregistered PoA

• Ignoring TDS planning

• Trusting verbal assurances

• Rushing due to emotional pressure

Each mistake delays or damages the deal.

Conclusion: Yes, You Can Sell — But Do It Right

So, can an NRI sell inherited property in India with Power of Attorney?
Yes — legally, safely, and efficiently — if the process is followed properly.

This is not just paperwork. It’s about protecting your inheritance, avoiding tax traps, and closing the sale without stress.

That’s why platforms like India For NRI exist — to guide NRIs through Indian property, tax, and legal processes with clarity instead of confusion.

Plan first. Execute cleanly.
That’s how NRIs sell property the smart way