Selling Your Mumbai Flat as an NRI: Power of Attorney, TDS and Repatriation (2026)

Sell your Mumbai flat from abroad: a registered POA, TDS on the full sale value, lower deduction certificates and repatriating proceeds. 2026 NRI guide.

Piramal Mahalaxmi residential towers in South Mumbai

Most NRIs who sell a flat in Mumbai never board a flight for it. The sale is negotiated on video calls, documents move by courier, and on registration day someone holding a properly drawn power of attorney signs at the Sub-Registrar's office on the owner's behalf.

When it goes wrong, it rarely goes wrong on price. It goes wrong on paperwork: a POA that the Sub-Registrar will not accept, a buyer who deducts tax at the resident rate, or sale money stuck in an NRO account because nobody planned the repatriation. This guide walks through how to sell property in Mumbai as an NRI in 2026, in the order it actually happens.

Can an NRI sell property in India without travelling?

Yes. An NRI can sell a residential or commercial property in India to a resident, or to another NRI, without being physically present. What you need is a sale-specific power of attorney in favour of a trusted person in India, a buyer who handles the tax deduction correctly, and an NRO account to receive the money.

Step 1: Get the power of attorney right

A general POA for rent collection is not enough to sell. For a sale, the POA must specifically authorise the attorney to sign the agreement for sale and the conveyance, receive consideration and appear for registration.

Execution abroad: sign it before an Indian embassy or consulate, or before a local notary with an apostille in Hague Convention countries.
Adjudication in Maharashtra: once the original reaches India, it has to be presented for stamp duty adjudication within the prescribed window, typically three months of receipt.
Registration: a POA that authorises the transfer of immovable property should be registered, and most Sub-Registrars and buyers' banks will insist on it.

Draft the POA for this one property and this one transaction. Broad, open-ended POAs make buyers' lawyers nervous and slow the deal down.

Step 2: Price it on registered sales, not asking prices

Portal listings show what owners hope to get. What matters is what buyers actually paid in your building, which is recorded in registered transactions. Pricing 8 to 10% above that number is the most common reason NRI-owned flats sit unsold for a year.

Resale flat in Mumbai listed by TND Listings for an NRI owner — Check what your flat is really worth with the free TND property valuation for Mumbai and Thane.

Our valuation tool gives an indicative figure in seconds, then a written appraisal built from Sub-Registrar data for your own building.

Step 3: Assemble the documents buyers will ask for

The full chain of previous agreements and your purchase agreement, with registration receipts and Index II.
Occupation certificate (OC) for the building.
Society share certificate and a society NOC for the sale.
Latest BMC property tax receipts, maintenance and electricity no-dues.
Your PAN, passport and proof of NRI status.
Loan closure letter and original documents from the bank, if the flat was mortgaged.

Missing papers do not kill a sale, but they cost weeks. Start collecting them before you list. Our seller's guide for Mumbai covers the full checklist.

NRI sales rarely fail on price. They fail on a power of attorney the Sub-Registrar won't accept, or TDS deducted at the wrong rate.

TDS when an NRI sells property in India

This is where most NRI sales hit trouble. When the seller is a non-resident, the familiar 1% rule does not apply. The buyer must:

obtain a TAN before paying you;
deduct tax on the entire sale consideration, not only on your gain;
for property held more than 24 months, deduct at 12.5% plus surcharge and cess (long-term capital gains); for property held for a shorter period, at the higher short-term rate;
deposit it and file a quarterly return, then issue you the TDS certificate.

On a ₹2 crore sale with a ₹60 lakh gain, the buyer could withhold roughly ₹26 to ₹29 lakh, while the actual tax on the gain may be closer to ₹8 to ₹9 lakh. You recover the difference only after filing an Indian return. Run your own numbers with the TDS on property sale calculator.

Cut the withholding with a lower deduction certificate

Before signing the agreement for sale, apply to the Assessing Officer for a lower or nil deduction certificate with a computation of your actual capital gain. Once issued, the buyer deducts at the certified rate. It takes a few weeks, so apply as soon as you have a buyer in sight.

Capital gains: can you reduce the tax?

Long-term gains on a residential property can be reduced or exempted by reinvesting in another residential house in India, or in specified bonds, within the permitted time limits and caps. These rules are conditional and change with each budget, so plan them with your chartered accountant before the sale, not after.

Getting the money abroad

Sale proceeds are credited to your NRO account. After taxes are paid, you can repatriate up to USD 1 million per financial year, using Form 145 (your declaration) and Form 146 (your CA's certificate), which replaced Forms 15CA and 15CB under the Income-tax Rules, 2026. We cover the NRO side in detail in NRI rental income tax, TDS and repatriation.

How TND Listings sells for NRI owners

Our NRI buy and sell desk prices your flat on registered data, markets it to verified buyers, coordinates the POA and lower deduction certificate, and represents you at registration. If the flat is let or empty while it is on the market, TND property management keeps it presentable, and TND Care handles on-ground formalities.

Frequently asked questions

Can an NRI sell property in India without coming to India?

Yes. With a sale-specific power of attorney executed abroad, adjudicated and registered in Maharashtra, an attorney in India can sign and register the sale on your behalf.

How much TDS is deducted when an NRI sells a flat?

For property held over 24 months, the buyer deducts 12.5% plus surcharge and cess on the full sale value, not just the gain. A lower deduction certificate can reduce this.

Does the buyer need a TAN to buy from an NRI?

Yes. A buyer purchasing from a non-resident seller must have a TAN, deposit the TDS and file a quarterly TDS return.

How much of the sale money can an NRI send abroad?

Up to USD 1 million per financial year from the NRO account, after taxes, using Form 145 and Form 146.