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

Power of Attorney for NRIs in USA -- Apostille, Registration & Legal Requirements
How to execute a POA in the USA that's actually valid for an Indian property transaction -- notarization, apostille, adjudication, and registration, in the correct order.
Selling Inherited Property in India as an NRI in USA -- TDS, Capital Gains & Repatriation
TDS obligations under Section 195, how capital gains are computed on inherited property, and how to legally repatriate sale proceeds to a US bank account.