Ready Reckoner
READY RECKONER #11 · PROPERTY

I'm selling property in India. How much of the money can I take abroad?

Don't start with the sale price. Start with how you originally acquired and funded the property.

30-SECOND ANSWER

There is no single “NRI property repatriation limit” that answers every sale.

If an eligible property was bought using foreign exchange through banking channels, FCNR(B) or NRE funds, RBI provides a repatriation route subject to conditions. Property acquired from rupee funds, while resident, or through inheritance can fall under the separate USD 1 million per financial year remittance framework. Tax must also be dealt with.

First ask: how did you get the property?

Bought using overseas remittance / FCNR(B) / NRE fundsRBI permits repatriation subject to its conditions, including limits linked to the amount originally paid through the eligible foreign-exchange/NRE/FCNR route. For residential property, the direct facility is restricted to not more than two such properties.
Bought using rupee funds or while you were resident in IndiaThis can fall under the separate USD 1 million-per-financial-year remittance facility, subject to the prescribed conditions and taxes.
Inherited propertyInheritance has its own permitted route. Eligible sale proceeds can also fall within the USD 1 million framework, with supporting documents and applicable tax compliance.

Then separate these 3 numbers

1. Sale priceWhat the buyer is paying.
2. Taxable capital gain / tax liabilityThis is an Income Tax question and is not necessarily the same as the sale price.
3. Amount eligible for repatriationThis is a FEMA/RBI question and depends on the acquisition/funding route and applicable conditions.
These three numbers can be different.

This is why “I sold for ₹2 crore — can I transfer ₹2 crore abroad?” cannot be answered safely without knowing the history of the property.

What about TDS when the seller is an NRI?

The buyer should not simply apply the familiar resident-seller 1% property TDS rule. Income Tax Department guidance says payments to a non-resident seller are subject to the non-resident TDS framework. The exact deduction depends on the nature of the gain and applicable law/treaty position. For a material sale, involve a CA before the buyer makes payment rather than trying to repair excess or incorrect TDS afterwards.

Documents worth preserving

✓ Original purchase deed and sale deed
✓ Proof of original overseas remittance / NRE / FCNR funding, where applicable
✓ Bank statements and loan records
✓ Inheritance documents, if inherited
✓ Tax computation, TDS evidence and required remittance documentation

Before signing the sale agreement, ask these 5 questions

How was this property originally acquired and funded?
What tax/TDS applies to my sale?
Which part can be directly repatriated under the property rules?
Does any balance need to move through NRO / the USD 1 million facility?
What documents will my authorised dealer bank require before remittance?

Verify the rules yourself

RBI — FEMA immovable-property regulations & repatriation → RBI — Remittance of assets / USD 1 million framework → Income Tax — TDS when a non-resident sells property →

Last verified: 17 August 2026. Property sale tax, TDS and FEMA repatriation are separate layers. Obtain current bank/CA guidance before executing a material sale or overseas remittance.

Selling property? Reconstruct its money trail before the sale.

Tell Amrutha when you acquired it, how you paid for it, whether you were resident or NRI then, the expected sale value and whether you want the money abroad.

Check my sale & repatriation route →