a_f_d

It can be done after all [capital gains] tax has been paid; and a Chartered Accountant's Certificate to that effect is submitted to your bank - RBI clearance may also be needed. Remittance of money abroad is easier if you are FEMA/ Tax resident and/or PIO.

AndyD 8-)₹

P.S. Search the Forums - iirc I have posted more detail earlier.

spencer45

We have a 2/3 bedroom penthouse in Candolim that we have inherited. We have the original deeds. Anyone with interest please pm me

InVinoVeritas

Hi spencer45 and welcome to the forum.

A couple of problems with your post. Firstly no one can PM you until you have made at least 3 posts. Secondly you need to put your property for sale in the classifieds section rather than on this forum (it's up the top of the page on the blue bar). You can post back here when you've done that.

Thanks very much.

spencer45

Thanks will do!

robthered

Thanks for the reply,and info i'll check the earlier posts as suggested

a_f_d

However --- you are in the right place to find out that having the original deeds won't be sufficient - you also need a probated Will. If it's an Indian Will I think you have to go to the magistrate, if it's a UK Will then the UK Court of Probate should be recognised as an appropriate Court but the probated Will needs to be Apostilled.
Some not too helpful advice here - and in Goa the waters are muddied further by the Portuguese Civil Code/ Community of assets. Then there's the Registrar/ Foreigners' Property Committee.........
You will almost certainly need a good lawyer - and for a UK Will they will need expertise in that area (I don't think there are any!!!)

Best of Luck


AndyD 8-)₹

inalb - but I've got a little book feel free to post here (or pm me) if you have any particular questions.

spencer45

Thanks Andy!

I'm aware that it won't be easy but we do have a probated will both in the UK and India. We have a lawyer well known on this forum in Goa so are hopeful without getting too excited!

a_f_d

Great, - would you care to share the details of how you got probate in India, I know there are a few people interested?

AndyD 8-)₹

Slagtip

On the subject of money! Our UK nationals responsible for capital gains tax on the profit element on a sale of a property,when we don not possess a pan card,if so how do we pay ?
Am I correct in assuming that a charted accountant would calculate any tax due etc

a_f_d

Get a PAN card!!!

A new rule requires the purchaser of immovable property to deduct TDS (tax deducted ar source) for properties over 50 lakhs :-
1% if vendor has a PAN card, 20% if not - the purchaser then pays that to the tax authorities and passes the TDS receipt to the vendor to offset against tax due.

UK CGT liability is v. complex and involves the UK/India dual taxation Agreement. For paying Indian CGT it's probably best to use a CA, but the calculation isn't difficult and you can pay online. Some clear notes here

AndyD 8-)₹

Slagtip

Thanks
Is it easy for a UK nation to acquire a Pan Card

a_f_d

https://tin.tin.nsdl.com/pan/form49A.html

hth AndyD 8-)₹

Slagtip

Thanks again for the information.
I have applied on line and been given a ref No,I now have to submit identification,I chose the passport option etc,when they say a copy of your passport,do they mean a full copy inclusive or visa,s etc or just the photograph and detail page.

a_f_d

I hope you chose pport as Id (visas etc. not req'd) - but you will also need address proof (authorities in India tend to assume that all passports contain address).

AndyD 8-)₹

a_f_d

Be sure to check with a lawyer and/or CA - I got the PAN card info from a professional article in ToI - other sources suggest the vendor has to be resident in India. Now it may well be that the authorities have realised how difficult it would be for a purchaser to find that out (when the RBI and courts aren't clear); so it may be they settled on PAN card as a reasonable check. Either way a PAN card would be useful, and it's a lot easier to not pay TDS than to try and get a refund!

AndyD 8-)₹