Key takeaways
- An NRI can buy residential or commercial property in India without RBI approval, but cannot buy agricultural land, a plantation or a farmhouse.
- A power of attorney signed abroad must be notarised and then apostilled or attested by the Indian mission before an Indian registry will accept it.
- Sale proceeds from an NRO account can be repatriated within an annual limit, and tax is deducted at source on the sale, so the tax position should be checked before the deed is signed.
- Expatriate employees can claim their provident fund, but the route depends on the nationality and the scheme, as our guide on PF withdrawal explains.
- A delayed birth or death registration, a heirship certificate and a will each follow a separate Kerala process that can largely be run from abroad.
In this article
Buying and selling property from abroad
Most legal trouble for non-resident Indians starts with a property transaction done at a distance. The rules are not complicated, but each step has a document that must be right the first time.
Under the foreign exchange rules, a non-resident Indian or an overseas citizen of India may buy residential and commercial property. Agricultural land, plantation property and a farmhouse are outside that permission and need a resident buyer or a specific approval. Payment must come through normal banking channels from an NRE, NRO or FCNR account.
- Title. Check the title chain, the encumbrance certificate, the tax receipts and the survey details before any advance is paid. Our guide to title disputes in Kerala shows what usually goes wrong.
- Agreement for sale. It should name the exact survey numbers, the payment schedule, the date for possession and what happens if either side defaults.
- Registration. A sale of immovable property is valid only when registered. A document signed abroad but never registered gives the buyer very little.
- Tax. When an NRI sells, the buyer deducts tax at source on the sale. The rate depends on how long the property was held, and a lower-deduction certificate can sometimes be obtained. Rates change, so confirm them with a chartered accountant.
Signing from abroad: power of attorney and documents
Many NRIs appoint a relative to sign for them. A power of attorney is only as good as its execution. Signed abroad, it should be notarised there and then either apostilled, if the country is a party to the Hague Convention, or attested by the Indian embassy or consulate. The Sub Registrar checks this, and a defect usually surfaces on the day of registration.
A power of attorney should list the specific acts the agent may perform. A general document is often refused for a sale. It should also state whether it survives the principal's death (it does not in most cases) and how it can be revoked. Where the property is valuable, a registered power of attorney is safer than a plain notarised one.
Money, banks and repatriation
Sale proceeds go into an NRO account. Subject to the annual cap set by the Reserve Bank, an NRI can send proceeds abroad after paying tax and filing the required certificates. Keep the sale deed, the tax payment proof and the chartered accountant certificate together, because the bank will ask for all three.
Foreign nationals and employees who worked in India face a different set of questions. Our article on withdrawing provident fund as an expatriate sets out the current route and the common reasons a claim is rejected.
Births, deaths and records
A child born abroad to Indian parents, or a birth in Kerala that was never registered, causes trouble later for passports, school admission and inheritance. The law allows late registration, and after the first year it needs an order from a magistrate. Our article on delayed birth registration in Kerala explains the 2026 changes and the documents a magistrate looks for.
For deaths, the rule changed on October 1, 2026. A death registered more than two years late now needs the order of a Judicial Magistrate of the First Class. Families who cannot show a death record for an earlier generation should read this before they approach the revenue office.
Wills, inheritance and heirship
Succession follows the personal law of the deceased. For Muslims in Kerala that is the Shariat, and a will cannot ordinarily give away more than one third of the estate without the consent of the other heirs. For other communities the Indian Succession Act, or the Hindu Succession Act, applies.
A will need not be registered to be valid, but it must be signed and witnessed properly, and a registered will is harder to challenge. Where the owner dies without a will, the heirs apply to the Tahsildar for a legal heirship certificate. The High Court has held that the Tahsildar can issue it regardless of the value of the property when there is no dispute, and that the certificate does not decide title. Heirs living abroad can apply through a representative.
A short checklist before you sign anything
- Passport, overseas address proof and PAN are consistent across every document.
- The power of attorney lists specific acts and carries the right attestation.
- The title chain and encumbrance certificate have been checked by a lawyer in Kerala.
- The payment route and the tax deduction have been confirmed in writing.
- The sale deed is registered and the receipt is saved in two places.
Frequently asked questions
Can an NRI buy agricultural land in Kerala?
No. Agricultural land, plantation property and a farmhouse cannot be bought by a non-resident Indian or an overseas citizen of India without specific approval. They can inherit such land, and they can sell it to a resident.
Is a power of attorney signed abroad valid in India?
It can be, if it is notarised in the country of signing and then apostilled or attested by the Indian mission, and if it is stamped and presented as the Registration Act and the stamp law require.
Can sale proceeds be sent abroad?
Within the annual limit set by the Reserve Bank, an NRI can repatriate sale proceeds from an NRO account after paying the tax and filing the required certificates.
Do I need a will if I live abroad but own property in Kerala?
A will is not mandatory, but without one the property passes under personal law and the heirs need a heirship certificate. A written will makes the process faster and avoids disputes.
Can a delayed birth registration be done without travelling to India?
The application is filed in India before the local registrar and, after the first year, a magistrate. A relative or a representative can usually appear, but the documents have to be prepared abroad and authenticated.
Questions on a specific transaction depend on the facts, and advice should be taken before acting.