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Property Law for NRIs in USA

NRIs living in the USA 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 USA.

Key Authorities & Frameworks That Apply

  • US Secretary of State's office (state-level) — issues the apostille on a notarized POA before it can be used in India, under the 1961 Hague Apostille Convention.
  • 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 USA, generally up to USD 1 million per financial year from an NRO account, subject to CA certification (Form 15CA/15CB).
  • US Internal Revenue Service — the India–USA DTAA allows a foreign tax credit in the US for capital-gains tax already paid in India, avoiding double taxation.

Complete Guides for NRIs in USA