You have to deduct TDS at 20 .66 per cent from sale proceeds

2) for repatriation of sale proceeds it is necessary that amount should not exceed one million per year

Dear Concerned,

In case the Foreign citizen has any identification proof of India he can sell the property to Indian Citizen without any issue. EVEN if this person has any document like an old OCI card the too he can sell the property to any Indian citizen.

Best of Luck

there is no restriction on selling a property of a person of foreign nationality but of Indian origin.

So he can sell the property by a normal Indian individual on compliance of usual formalities.

If h holds OCI card then it is benefical for both of you to overcome procedural hurdles.

1. as property is situated in India, the foreign national can do so

2. you will have to deduct TDS at applicable rate from the sale consideration payable to seller

3. also the sale price will have to be deposited in a NRE/NRO Account maintained by the foreign national with Indian bank

4. conduct proper title search and issue public notices in newspapers to invite objections against the sale

5. check whether seller is original owner or legal heir of original. If he is a legal heir, then insist for letters of administration (in case owner did not leave behind any Will) or probate (in case there is a Will)

This is my response to you:

1. Yes, he may be holding the immovable property under holding license provided he obtained the same from the Reserve Bank of India;

2. Please go through this: He can transfer the property only with the prior approval of the Reserve Bank of India. For more details, check the website of the Reserve Bank of India:https://www.rbi.org.in/scripts/FAQVie

Dear Client,

Purchasing property from PIO/foreigner do not required special permission or approval from RBI/under FEMA.

TDS will be deductible upto 23 % if sale price above one crore. 22% if 50 to 1 crore.

Computation of TDS will be done by Income Tax Officer and such certificate issued by ITO shall be given to purchaser by buyer and buyer will deduct accordingly.

Buyer have to apply for TAN No.

1. The seller is holding the OCI card for which he is legally entitled to inherit/acquire and deal with properties including selling the same.

2. So, you can very well purchase the said property from the said foreign citizen.

3. In the Sale Deed, he shall have to mention his OCI Card no., if he does not have PAN No.

1. The seller who has become a Canadian citizen now, is required to apply for and avail Overseas Citizen of India (OCI) Card.

2. It will be a legal sale deed if his said OCI card no. is mentioned in the said Sale Deed through which the property will be sold to you.

It is not mandatory for an NRI / PIO to have a PAN for entering into a property transaction (as per Rule 114C). 3.To repatriate the sale proceeds of property, the money would first have to be deposited into an NRO account.

You can deduct TDS for the value of sale consideration while making payment as per the rule in this regard.

For legal opinion you may refer the papers to an advocate in the local to certify the genuineness of the proeprty being sold.

They have old expaired Indian passport of 1982 and land documents only

They need not show any proof, if the title documetns are found to be genuine you may proceed.

You need to follow some rbi guidelines for the same. He needs to deduct TDs from the said proceeds.capital gain tax can also be in picture for seller