NRIs can repatriate the proceeds from the sale of a residential property in India, provided they meet a few conditions
The immovable property should have been acquired by the seller in accordance with the provisions of the foreign exchange law in force at the time of acquisition
In most aspects, a sale deed executed by an NRI seller is similar to a sale deed executed by an Indian seller.
If the purchaser is Indian, payment by the purchaser to the seller will be by way of foreign remittance. FEMA guidelines will have to be referred to, to ascertain the manner in which the sale consideration can be transferred by the Indian purchaser to the NRI seller.
For an NRI, the capital gains on sale of immovable property would be taxable in India. Such tax payable would depend on the period of holding of the immovable property – a. If the property has been held by the NRI for more than 24 months immediately preceding the date of sale, the property is considered a long term capital asset in the hands of the seller, and taxable at 20% plus applicable surcharge and cess.