Sell Property in Patna from Outside Bihar or Abroad: NRI 2026

Short answer: you can sell your Patna land or house while living in another state or abroad. The deed is prepared and e-Signed online, but the seller must appear at the registry office for photo and Aadhaar biometrics, so either fly in for 2–3 days or give a trusted family member a power of attorney made and authenticated under Section 33 of the Registration Act. If you are an NRI, the buyer must deduct TDS on your capital gain at the rates in force, not 1%, so get a lower-deduction certificate before the deal. NRIs can sell agricultural land only to a resident Indian, and the money can go abroad under RBI limits.

Many Patna families now have the owner in Bengaluru, Delhi, Dubai or the US, with an old plot in Danapur or a house in Kankarbagh back home. Selling from far away brings three worries: being cheated by whoever is "handling it", the registry, and tax and money transfer. Here is how to handle each.

Living elsewhere in India vs NRI: what changes

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; if something is wrong or missing, apply on Parimarjan Plus; if the land is still in a dead parent's name, file the inheritance mutation online. Turn on the Bihar Bhumi SMS alert for your khesras, so you are told if anyone files a mutation or correction on them while you are away. 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

Under Rule 20(1) of the Bihar Registration Rules 2026, the executants must appear before the registering officer, and Rule 17 matches their fingerprint or iris with Aadhaar. The rules allow video-KYC identification only for document types the Inspector General notifies; as of 22 October 2026 we found no such notification in the Bihar Gazette. So the practical options are:

• 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 (Registration Act, Sections 32-33). Under Rule 28(2) a POA used for presentation or admission must be authenticated under Section 33, or registration can be refused (Rule 24(8)).

• Stamp it in time: a document executed outside India can be stamped within three months of first arriving in India (Indian Stamp Act, Section 18).
• 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 sale rate at the time; the sale rate is 7% since 18 June 2026, so confirm the current figure. Registration and authentication fees are extra.
• Keep it narrow: a special POA for this one property and this sale, with the minimum price and the bank account into which the price must be paid. Not a general "do everything" POA. Revoke it when the sale is done.

A POA is not a sale. "Selling" land by 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.

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 (Income-tax Act 2025, Section 185). 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 under Section 393(2) (Table Sl. No. 17) 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 apply to the Assessing Officer under Section 395(1) for a certificate of lower or nil deduction, and the buyer can apply under Section 395(2) to have the chargeable portion determined. Start this before the agreement; it takes time.

How the gain is worked out, and how to save the tax by buying a house or bonds: 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 (Part II, Q.7):

• 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 agricultural land only to a person resident in India (RBI FAQ Part II, Q.1).

Your bank will ask for the sale deed, proof of how the property was acquired, tax paid and the documents it needs for an outward remittance. Ask your bank and CA for the current list before the sale.

Protect yourself while you are away

• SMS alert on Bihar Bhumi for your khesras.
• 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

1. Can I sell my land in Patna without coming to Bihar?

   Yes, through an agent holding a power of attorney executed and authenticated under Section 33 of the Registration Act: before the sub-registrar where you live if you are in India, or before a notary or Indian consul if you are abroad. The agent presents the deed and admits execution for you. Coming yourself for 2–3 days is still the safest option.

2. What is the stamp duty on a power of attorney to sell property in Bihar?

   Per the Registration Department's table, ₹1,000 if given to a family member, and the same duty as a sale on the MVR-based value if given to someone outside the family (the table shows 6%; the sale rate is 7% since 18 June 2026, so confirm). A POA signed abroad must be stamped within three months of reaching India.

3. How much TDS is deducted when an NRI sells property?

   Not the 1% that applies to resident sellers. The buyer deducts tax at the rates in force on the amount chargeable, which is the capital gain, under Section 393(2) of the Income-tax Act 2025. The NRI can apply for a lower or nil deduction certificate under Section 395(1) before the sale.

4. Can an NRI sell agricultural land in Bihar?

   Yes, but only to a person resident in India, according to the RBI's FAQ. Non-agricultural property can be sold to a resident, an NRI or an OCI.

5. Can I take the sale money abroad?

   If the property was bought with foreign exchange, the proceeds can be repatriated, for up to two residential properties. In other cases, such as inherited property, up to USD 1 million per financial year can be remitted under the Remittance of Assets Regulations, 2016. Your bank will need the sale and tax papers.

6. Can registry be done by video call in Bihar?

   The 2026 rules allow video-KYC identification only for document types notified by the Inspector General of Registration. As of 22 October 2026 we found no such notification, so the seller or a POA agent still has to appear at the registry office.

This article was written on 22 October 2026 from the Registration Act 1908, the Bihar Registration Rules 2026, the Indian Stamp Act, the Bihar 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 chartered accountant before selling. This is general information, not legal or tax advice.