You can sell or buy property in India from the United States without travelling. A special power of attorney, notarised and apostilled by your state's Secretary of State, lets a relative or advocate sign and register the deed. On a sale the Indian buyer deducts tax at non-resident rates, and the gain is also reported on your US return with a credit for the Indian tax.
- Document route
- Notary + state apostille, or consulate
- Time difference
- 9.5 to 13.5 hours behind IST
- Handled in India at
- Sub-registrar office and tax portal
- Travel to India
- None with a power of attorney
How it works from the USA
The practical sequence for a US resident starts well before a buyer is found. We check that the property stands in your name in the Sub-Registrar and municipal or revenue records, compute the Indian capital gain and apply for a lower tax deduction certificate, so the buyer does not hold back tax on the whole price. In parallel you sign the power of attorney before a notary and send it for apostille; state turnaround ranges from days to weeks, so start early.
At closing the attorney holder registers the deed, the price is paid by bank transfer into your NRO account and the buyer issues a tax deduction certificate. We then prepare the accountant's certificate and online declaration your bank needs to wire up to one million dollars a year to your US account, and give your CPA a pack with the sale deed, cost documents and Indian tax paid for Form 1040 and the foreign tax credit.
What is different for NRIs in the USA
- US citizens and green card holders report the sale worldwide; Indian tax paid is generally creditable under the India-US treaty.
- Proceeds received in an Indian account count towards FBAR and Form 8938 thresholds for that year.
- Buying in India: pay from an NRE or NRO account or by wire from your US bank, never in cash, and keep the wire confirmation.
Step by step from the USA
Free review call
Calls are held in your evening or early morning, which is the Indian working day. We read your papers on a property purchase or sale in India first, so the call is about your options and not a repeat of the facts.
Authority from USA
Where a representative must act for you in India on a property purchase or sale in India, you sign before a US notary and obtain the apostille of your state, or attend the Indian consulate for your state. We draft the document and send signing instructions.
Work in India
In India, we verify title, settle the agreement and sale deed, handle the tax deduction paperwork and attend registration with your attorney holder. Updates for clients in the USA go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the registered deed, tax certificates and, on a sale, the bank papers for repatriation. Originals are couriered to your address in the USA if you need them.
The law in full
This page covers what changes when you handle a property purchase or sale in India from the USA. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Buying & Selling Property. For other matters, see all legal services for NRIs in the USA or the Property & Real Estate practice area.
Questions from NRIs in the USA
How long does it take to sell property in India from the USA?
Allow six to ten weeks from finding a buyer: two to four weeks for the apostilled power of attorney and tax certificate, then registration and remittance. Delays usually come from missing mutation or cost documents.
Will I pay tax twice, in India and in the USA?
Both countries tax the gain, but the US generally allows a foreign tax credit for the Indian tax under the treaty, so the same income is not taxed twice in full. Your CPA should compute the US side.
Can I wire the sale proceeds directly from the buyer to my US account?
No. The price must be paid in India into your NRO account. From there it is remitted abroad after tax, within the annual limit, on the accountant's certificate.