Sell Property in Patna from Outside Bihar or Abroad: NRI 2026
Quick answer
You can sell Patna land from another state or abroad. But you, or your POA holder, must appear at the registry office.
- Come for 2–3 days for biometrics, or give a family member an authenticated power of attorney (₹1,000 stamp duty).
- NRI seller? The buyer deducts TDS on your gain at the rates in force, not 1%. Get a lower-deduction certificate before the deal.
But NRIs can sell farmland only to a resident Indian, and taking money abroad has limits.
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Living elsewhere in India vs NRI: what changes
| Indian resident in another state | NRI / OCI | |
|---|---|---|
| Who you can sell to | Anyone | Non-agricultural property: a resident, NRI or OCI. Agricultural land: only a resident Indian (RBI) |
| TDS by the buyer | 1% if the deal is ₹50 lakh or more (non-agricultural) | On the capital gain at rates in force, whatever the price |
| Tax rate | 12.5%, or 20% with indexation for land bought before 23 July 2024 if lower | 12.5%; the indexation option is for residents only |
| Where the money goes | Your bank account | Your account in India (usually NRO); repatriation under RBI rules |
| Registry | Come yourself or send a POA agent | Same; a POA signed abroad has extra steps |
Step 1: get the papers right from where you are
Most of this is online. Open your jamabandi on Bihar Bhumi and match name, khata, khesra and area with your deed. Wrong or missing? Apply on Parimarjan Plus. Still in a dead parent's name? File the inheritance mutation online. Details: fix your land papers before selling.
What can't be done online: checking who is physically on the land, the boundary and the measurement. Have someone you trust walk the plot on a video call with an amin.
Step 2: come for the registry, or give a power of attorney
The executants must appear before the registering officer, and their fingerprint or iris is matched with Aadhaar. So there are two practical options:
- Come yourself: finish the papers, agreement and draft deed remotely, then come for 2–3 days for the registry. This is the safest route: no one stands between you and the buyer's money.
- Power of attorney: an agent holding a properly made POA can present the deed and admit execution for you. The POA must be authenticated, or registration can be refused. How to make one: power of attorney in Bihar.
| You live in | The POA is executed before and authenticated by |
|---|---|
| India (Pune, Bengaluru, Delhi...) | The Registrar or Sub-Registrar of the district where you live |
| Abroad (Dubai, USA, UK...) | A Notary Public, a court, judge or magistrate, an Indian Consul or Vice-Consul, or a representative of the Central Government |
- Stamp duty in Bihar (Registration Department's table): a POA to sell property in Bihar given to a family member (father, mother, spouse, son, daughter, brother, sister, daughter-in-law, grandchildren through a son or daughter): ₹1,000. Given to someone outside the family: the same duty as a sale on the MVR-based value. The table shows 6%, the old sale rate; it is 7% since 18 June 2026, so confirm. Registration and authentication fees are extra.
- Keep it narrow: a special POA for this one property and this sale. Write the minimum price and the bank account the price must go into. Not a general "do everything" POA. Revoke it when the sale is done.
Step 3: payment and TDS
- Every rupee by bank into your own account in India, not your agent's. Bayana of ₹20,000 or more in cash is barred by the Income-tax Act 2025. See bayana: a seller's checklist.
- Resident seller (living in another state): on a non-agricultural property of ₹50 lakh or more, the buyer deducts 1% in your PAN. Claim it in your return.
- NRI seller: the buyer must deduct tax at the rates in force on the sum chargeable, which is your capital gain. Without guidance, buyers often deduct on the whole price to be safe. You can ask the Assessing Officer for a certificate of lower or nil deduction. The buyer can also apply to have the chargeable portion fixed. Start this before the agreement; it takes time.
How the gain is worked out, and how a house or bonds can save the tax: capital gains tax on selling land in Patna.
Step 4: taking the money abroad (NRIs)
According to the Reserve Bank of India's FAQ on immovable property:
- Property bought in foreign exchange (inward remittance or from an NRE/FCNR account) under the foreign exchange law of the time: the sale proceeds can be repatriated, but for residential property, for no more than two properties.
- Other cases (for example, inherited property or property bought from rupee funds): remittance up to USD 1 million per financial year, together with other assets, under the Foreign Exchange Management (Remittance of Assets) Regulations, 2016.
- Selling agricultural land, a farmhouse or plantation: an NRI or OCI can sell it only to a person resident in India.
Protect yourself while you are away
- SMS alert on Bihar Bhumi for your khesras. You are told if anyone files a mutation or correction on them while you are away.
- Talk to the buyer yourself on video at least once; don't leave the whole deal to the agent.
- Read the draft deed on e-Nibandhan before anyone e-Signs, especially the price and payment details.
- Don't send original papers by courier to a broker. Originals go to the buyer after full payment.
- Revoke the POA once the sale is registered, and tell the registry office if it was registered there.
What should you do? (Our advice)
- Fix the papers online first, before telling anyone the plot is for sale.
- Come for the registry if you possibly can. If not, a special POA to a family member, for this property only.
- NRI? Apply for the lower-deduction certificate before the agreement, and plan the repatriation with your bank.
- All money into your own account, with the UTR written in the deed.
- The full sale process: how to sell land in Patna. Buying instead? buying in Patna from outside.
Selling Patna property from outside: frequently asked questions
Can registry be done by video call in Bihar?
Not yet. The 2026 rules allow video-KYC identification only for document types the Inspector General of Registration notifies. As of 22 October 2026 we found no such notification in the Bihar Gazette. So the seller or a POA agent still has to appear at the registry office.
I signed the POA abroad. When must it be stamped?
A document executed outside India can be stamped within three months of first arriving in India.
Can I "sell" by just giving the buyer a general POA?
No. A POA is not a sale. Handing a buyer a general POA does not transfer ownership (Supreme Court, Suraj Lamp & Industries v. State of Haryana, 2011). The sale must be by a registered sale deed.
What will my bank ask for when I send the money abroad?
The sale deed, proof of how the property was acquired, proof of tax paid and its own outward-remittance forms. Ask your bank and CA for the current list before the sale.
Written on 22 October 2026. Sources: the Registration Act 1908, the Bihar Registration Rules 2026, the Indian Stamp Act, the Registration Department's stamp duty table, the Income-tax Act 2025 and the RBI's FAQ on immovable property. Foreign exchange and tax rules change; check with your bank and a CA before selling.
All articles in this series (7): Patna Property Seller Guide
- How to Sell Land in Patna 2026: Complete Seller Guide
- Fix Land Papers Before Selling in Patna: Seller Checklist 2026
- How to Price Land in Patna 2026: MVR, Nearby Deals, Fair Value
- Capital Gains Tax on Selling Land in Patna 2026: Rates, Saving
- Sell Property in Patna from Outside Bihar or Abroad: NRI 2026
- Taking Bayana in Patna: Seller's Guide to Token Money 2026
- Sell a Property With a Home Loan in Patna: Bank NOC & Steps
Sources
- Registration Act, 1908: Sections 32 and 33 (presentation by agent; authentication of powers of attorney in India and abroad)
- Bihar Registration Rules, 2026, Bihar Gazette (Extraordinary) No. 759, 13 July 2026: Rule 17 (biometrics; proviso on video-KYC for notified documents), Rule 20(1) (appearance of executants), Rule 24(8) and Rule 28(2) (POA) — PDF
- Indian Stamp Act, 1899, Section 18 (instruments executed outside India, three months)
- "Table of Stamp Duty & Registration Fee", Prohibition, Excise and Registration Department, Bihar: page 7, item 43 (power of attorney, Articles 48(a) and 48(b)); sale rate 7% from Notification 4060, Bihar Gazette No. 636, 18 June 2026
- Income-tax Act, 2025: Section 185 (cash advances), Section 197 (rates; Section 197(3) for residents), Section 393(1) Table Sl. No. 3(i) (1% TDS), Section 393(2) Table Sl. No. 17 (non-residents, rates in force), Section 395(1)-(2) (lower deduction; chargeable portion) — PDF
- Reserve Bank of India, FAQ "Purchase of Immovable Property", Part II, Q.1 (who an NRI/OCI may sell to) and Q.7 (repatriation) — rbi.org.in
- Supreme Court, Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, 2011
- All checked on 22.10.2026.
General information from official sources, checked on 29 October 2026. Rules change — confirm with the registry or circle office before paying.