From Portugal you can buy or sell Indian property through an attorney holder with a power of attorney notarised and apostilled in Portugal. On a sale, the buyer must deduct tax at source at NRI rates unless you obtain a lower deduction certificate. Proceeds go into your NRO account and can be sent to Portugal within the USD 1 million yearly limit after Form 15CA and 15CB. OCI cardholders and NRIs can buy residential and commercial property, but not agricultural land.
- Document route
- Notary, then apostille from the Procuradoria-Geral da Republica
- Time difference
- India is 4h30 (summer) to 5h30 (winter) ahead
- Rules
- FEMA (Non-Debt Instruments) Rules 2019
- Not allowed to buy
- Agricultural land, plantation, farmhouse
Buying & Selling Property from Portugal: how it works
For a sale, we verify the title, check that mutation and property tax records are in your name, and review the buyer's draft agreement. You sign the power of attorney in Portugal, or sign the sale deed itself before a notary if the registrar accepts that route. We apply for a lower or nil deduction certificate when your actual gain is smaller than the gross price, since otherwise TDS is applied to the full consideration at NRI rates. The attorney holder then signs and registers the deed, and payments go to your NRO account.
For a purchase, we run title due diligence, check approvals and any RERA registration, and make sure payment comes from your NRE or NRO account or by inward remittance, as FEMA requires. Goa has its own concerns: land use conversion, communidade land claims and property held in community by spouses all need checking. Once registration is complete we arrange mutation in the municipal or revenue records. Keep copies of every bank transfer for the Portuguese tax authority as well as for Indian repatriation.
What clients in Portugal should know
- The capital gains on Indian property are taxed in India first, and Portugal may tax them again with credit under the India Portugal tax treaty, depending on your residence status.
- Selling inherited Goan property usually requires the inventory to be complete and all heirs to consent, or the sale can be challenged.
- An OCI cardholder who inherited agricultural land can generally sell it only to an Indian resident citizen.
Step by step from Portugal
Video consultation
A call at a time that suits Portugal, after we have read your documents.
Documents signed in Portugal
Notary, then apostille from the Procuradoria-Geral da Republica
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 Portugal where needed.
The full guide
This page covers what changes when you are in Portugal. 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 Portugal and the NRI Property Law practice area.
Questions from clients in Portugal
Can I sign the sale deed at a Portuguese notary instead of using an attorney?
In some states a deed executed abroad and presented within the time allowed can be registered, but practice varies. A power of attorney to a trusted person is usually simpler.
How long does a remote sale take?
Once a buyer is found and documents are in order, completion often takes four to eight weeks, mainly because of the courier, stamping and any lower TDS certificate.
Can I send all the money to Portugal?
Sale proceeds of property up to the yearly limit can be repatriated with the required certificates, and for up to two residential properties bought with foreign exchange, the amount originally paid in foreign exchange can be repatriated as well.