In short: before inherited property can be sold, the heirs must show it has passed to them: through the will (with probate where required, as in Kolkata) or through succession if there was no will. Then get it mutated into the heirs' names, agree who takes what (a release, gift or partition deed among family members), and sell. NRIs and OCI cardholders can inherit any property in India, including agricultural land, and can sell it and send the money abroad. All of this can be done from abroad through an advocate and a power of attorney.
Step 1: establish the inheritance
- If there is a will: the executor applies for probate. For Hindus, probate is compulsory where the will was made in, or concerns property in, Kolkata, Mumbai or Chennai. Relatives receive notice and may object.
- If there is no will: the property passes to the legal heirs under the succession law that applied to the parent (for Hindus, the Hindu Succession Act, where sons and daughters inherit equally with the widow and mother).
- Gather the death certificate, the parent's title deed, and proof of each heir's relationship.
See wills, probate and succession.
Step 2: mutation into the heirs' names
Apply to the municipal corporation (in Kolkata, the KMC) or the land records office (in West Bengal, the BL&LRO) with the probate or legal heir documents, and no-objections from the other heirs. Buyers and banks expect mutation before a sale.
Step 3: agree who gets what
- Release (relinquishment) deed: a sibling gives up their share in favour of another, usually at concessional stamp duty within the family.
- Gift deed or partition deed to divide the property by agreement.
- Sell together: all co-heirs sign the sale, each through their own power of attorney if abroad, and the price is divided by shares.
- If a relative will not cooperate: a legal notice, and if needed a partition suit. See partition.
Step 4: sell and repatriate
The sale then follows the usual steps: buyer checks, a lower deduction certificate for TDS, registration and payment into the NRO account. For tax, the holding period includes the time the parent held the property, and the parent's purchase cost is used, so inherited property is usually a long-term gain. Up to USD 1 million per financial year can be remitted. See selling property from abroad.
Questions people ask
Can an NRI inherit and sell property in India?
Yes. NRIs and OCI cardholders can inherit any property in India, including agricultural land, and sell it after the inheritance is documented and mutated, then send the proceeds abroad within the yearly limit.
Do all siblings have to sign to sell inherited property?
Yes, every co-owner must join the sale or first release their share. Siblings abroad can sign through a power of attorney.
Is probate needed to sell my parents' flat in Kolkata?
If the property passed by a Hindu parent's will and is in Kolkata, probate is compulsory before the executor or heirs can rely on the will. Without a will, the legal heirs proceed on succession documents.
How is capital gains tax calculated on inherited property?
The cost is what the previous owner paid, and the period of holding includes their ownership, so the gain is usually long-term. A lower deduction certificate stops the buyer deducting tax on the full price.
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.