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 correct deduction depends on the type of gain, the applicable law and any valid lower- or nil-deduction certificate. For a material sale, involve a CA before the buyer makes payment rather than trying to repair excess or incorrect TDS afterwards.
NEW FROM 1 OCTOBER 2026
Resident buyer purchasing property from an NRI: Forms 141 and 132
A resident individual or HUF buying Indian immovable property from a non-resident seller now has a PAN-based challan-cum-statement route for reporting and paying the TDS. The buyer uses Form 141, and the seller receives the TDS certificate in Form 132.
Who does this apply to?A resident individual or Hindu Undivided Family (HUF) buying land other than agricultural land, a building, part of a building, or both from a non-resident seller.
Step 1: Check the TDS position before payingConfirm the correct deduction rate and whether the seller has a valid lower- or nil-deduction certificate. The new form changes the reporting process; it does not make the TDS rate 1% and does not decide the seller's final tax.
Step 2: Buyer files Form 141The buyer deducts the applicable tax and files Form 141 within 30 days from the end of the month in which the deduction was made.
Step 3: Seller receives Form 132The buyer must provide the TDS certificate in Form 132 within 15 days from the due date for Form 141. The seller should preserve it for the income-tax return and repatriation records.
If there is more than one buyerEach person who deducts tax must file a separate Form 141 for their part.
Information to keep readyBuyer and seller details, property and payment details, PAN where available, the seller's overseas contact details and address, and prescribed foreign tax-identification or Rule 217 details where applicable. Keep any lower- or nil-deduction certificate and Form 145 acknowledgement, if applicable.
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
✓ Form 141 acknowledgement and payment record, where applicable
✓ Form 132 TDS certificate and any lower- or nil-deduction certificate
✓ Form 145 acknowledgement, if applicable
✓ Tax computation and the documents required by the authorised dealer bank for remittance
Before signing the sale agreement, ask these 6 questions
How was this property originally acquired and funded?
What tax and TDS apply to my sale?
Has the resident buyer planned the Form 141 filing and Form 132 certificate?
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
Last verified: 25 September 2026. The revised Forms 141 and 132 apply from 1 October 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 →