A Germany-based NRI or OCI holder can buy or sell property in India through a specific power of attorney signed before a German notary, pre-certified by the German authority and attested by the Indian Embassy or a Consulate General. Your attorney holder completes registration in India. Sale proceeds can be remitted to Germany from your NRO account up to USD 1 million per financial year after tax, with Forms 15CA and 15CB.
- Document route
- German notary, pre-certification, then Indian mission attestation
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Rules
- FEMA (Non-Debt Instruments) Rules 2019
- Not allowed to buy
- Agricultural land, plantation, farmhouse
Buying & Selling Property from Germany: how it works
We check title and then draft a power of attorney limited to the property and the acts required, which is what sub-registrars and banks prefer. It is signed before a German notary, pre-certified, attested at the Indian mission and couriered to India, where it must be stamped within three months of arrival. The whole German chain can take a few weeks, so we start early. For a purchase, money should come from Germany by bank transfer or from your NRE account, so the investment stays repatriable.
We review the agreement and sale deed, confirm stamp duty and attend registration with your attorney holder. On a sale, the buyer deducts tax at non-resident rates, and a lower deduction certificate applied for early reduces this. German residents must also report gains on foreign property to the Finanzamt; under the India-Germany treaty, gains on immovable property are taxable where the property lies, and the German return reflects that.
What clients in Germany should know
- Allow several weeks for the German legalisation chain; start the power of attorney before you agree a completion date with the buyer.
- German citizens holding OCI cards may buy flats, houses and commercial premises, but not farmland, plantations or farmhouses.
- Keep Indian sale documents and tax certificates for your German tax adviser, as foreign income must be declared in your Steuererklärung.
Step by step from Germany
Video consultation
A call at a time that suits Germany, after we have read your documents.
Documents signed in Germany
German notary, pre-certification, then Indian mission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Germany where needed.
The full guide
This page covers what changes when you are in Germany. For the law, the documents and the step-by-step procedure, read our main page on Buying & Selling Property, or see all services for clients in Germany and the NRI Property Law practice area.
Questions from clients in Germany
How long does the German legalisation chain take?
Typically two to four weeks, depending on the pre-certifying authority and the Indian mission's appointments.
Can I sign at the Indian Consulate in Munich instead?
Yes. Signing before the consular officer can avoid the separate notary and pre-certification steps for some documents.
Will Germany tax my Indian property sale?
Gains on Indian immovable property are generally taxable in India under the treaty; your German adviser will explain how they are reported in Germany.