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Property Law for NRIs in UK

NRIs living in the UK dealing with property in India most often need one of three things: a properly apostilled Power of Attorney so a family member in India can act on their behalf, clarity on TDS and repatriation rules when selling inherited or ancestral property, or help getting a property registered/verified without traveling to India. This hub covers all three, specifically as they apply from the UK.

Key Authorities & Frameworks That Apply

  • UK Foreign, Commonwealth & Development Office (FCDO) — issues the apostille on a notarized POA before it can be used in India, under the 1961 Hague Apostille Convention (the UK has been a member since the Convention's inception).
  • Indian sub-registrar's office (India) — where the apostilled POA is adjudicated for stamp duty and registered before use in a property transaction.
  • Income Tax Department, India — governs TDS under Section 195 on sale proceeds paid to an NRI seller.
  • Reserve Bank of India (FEMA) — governs repatriation of sale proceeds to the UK, generally up to USD 1 million (or equivalent) per financial year from an NRO account, subject to CA certification (Form 15CA/15CB).
  • HM Revenue & Customs (HMRC) — the India–UK DTAA allows relief in the UK for capital-gains tax already paid in India, avoiding double taxation.

Complete Guides for NRIs in UK