From Poland, an Indian citizen or OCI cardholder can buy residential or commercial property in India and sell property they own, through an attorney holder acting under a power of attorney signed before a Polish notary and apostilled. OCI holders cannot buy agricultural land, plantations or farmhouses. Payments must go through NRE, NRO or FCNR accounts or inward remittance. On a sale, the buyer deducts tax at source, and proceeds can be repatriated within FEMA limits.
- Document route
- Polish notary, then MFA apostille
- Time difference
- IST is 3.5 to 4.5 hours ahead
- Rules
- FEMA (Non-Debt Instruments) Rules 2019
- Not allowed to buy
- Agricultural land, plantation, farmhouse
Buying & Selling Property from Poland: how it works
For a purchase, we run a 30-year title search, check approvals, encumbrances and RERA registration, and negotiate the agreement. Your attorney holder signs and registers the sale deed. For a sale, we check your title, any inheritance gaps and dues, prepare the agreement, and plan tax deduction at source, applying for a lower deduction certificate where it saves money. Payment is received in your NRO account.
Risks include defective titles, fake sellers and builder delays on purchases, and over-deduction of tax and repatriation problems on sales. A Polish spouse who is not an OCI cardholder generally cannot buy Indian property, so purchases are usually in the Indian spouse's name. Keep proof of how the property was originally paid for, because repatriation depends on the source of funds. Up to USD 1 million per financial year can be sent abroad from an NRO account with Forms 15CA and 15CB.
What clients in Poland should know
- The India-Poland tax treaty allows India to tax gains on Indian property; report the gain in Poland as your Polish adviser directs.
- Mortgages in India for NRIs living in Poland are available from Indian banks, but they need Polish income documents, often apostilled.
- If the property was inherited, mutation in your name should be complete before you sign a sale agreement.
Step by step from Poland
Video consultation
A call at a time that suits Poland, after we have read your documents.
Documents signed in Poland
Polish notary, then MFA apostille
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 Poland where needed.
The full guide
This page covers what changes when you are in Poland. 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 Poland and the NRI Property Law practice area.
Questions from clients in Poland
Can my Polish wife co-own a flat in India?
Not unless she holds an OCI card or meets another exception. She can inherit Indian property, but purchase is generally restricted.
Do I need to travel to India to sell?
No. Your attorney holder can sign and register the sale under a valid power of attorney.
How quickly can I send the money to Poland?
After the sale, tax deduction and Form 15CB, the bank can usually remit within a few working days.