Key takeaway
Most delays in NRI property deals come from missing or mismatched documents. Collect the papers below early, make sure your name is identical across them, and plan tax and repatriation paperwork before you sign.
If you are buying
Property documents
- Seller’s title deed and earlier chain documents
- Encumbrance certificate from the sub-registrar
- Mutation and property tax records in the seller’s name
- Approved building plan, and occupancy or completion certificate
- RERA registration details for projects
- Society or association no-objection and dues clearance, for flats
Your documents
- Passport and visa, or OCI card
- PAN
- Address proof abroad and in India
- Power of attorney, if someone signs for you in India
Payments
- Payment must come from abroad through banking channels or from an NRE, NRO or FCNR account in India.
- Keep bank certificates of inward remittance — they matter for future repatriation.
- NRIs and OCIs cannot buy agricultural land, plantations or farmhouses.
If you are selling
- Your title deed and how you acquired the property (purchase, gift or inheritance)
- Inheritance documents — will, probate, succession or legal heir certificate, release deeds
- Updated mutation and tax receipts
- PAN and passport
- Lower or nil TDS certificate, if you have applied for one
- Specific power of attorney, if you will not be present
- Details of your NRO account for receiving the proceeds
After the deal
- Registered sale deed with stamp duty paid
- TDS certificate from the buyer
- Indian income tax return reporting the sale
- Forms 15CA/15CB for repatriation
- Mutation in the buyer’s name
Common mistakes
- Name spellings that differ between passport, PAN and property papers.
- A general power of attorney that does not specifically cover the sale.
- Paying in cash or through unofficial channels.
- Selling inherited property before completing the heirship paperwork.
Frequently asked questions
Do I need to be in India to register a sale deed?
No, a person holding a properly executed and stamped power of attorney can usually appear for you.
Can an OCI buy a flat?
Yes, residential and commercial property, but not agricultural land, plantations or farmhouses.
How is stamp duty decided?
By state law, usually on the higher of the price or the government-notified value.
Related LegalCops services
References
- Registration Act, 1908; state stamp laws
- Foreign Exchange Management (Non-Debt Instruments) Rules, 2019
- Income-tax Act, 2025
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
