Inherited Property in Kerala but Living in the UK? Succession, Selling & Repatriating to GBP
Inheriting property in Kerala while you are settled in the UK creates a very specific problem: two legal systems, an ocean apart, that do not talk to each other. UK probate handles the UK estate. The Kerala property has to be dealt with under Indian law and Indian procedure — and most UK heirs underestimate how much of it can be done remotely if it is sequenced correctly.
This is the roadmap, from establishing your right to repatriating the money to a UK account.
Not sure which certificate or route applies to your situation? The Inheritance Wizard gives you a quick orientation.
Step 1 — Understand what UK probate does (and doesn't) do
UK probate or letters of administration deal with the deceased's UK assets. They have no effect on immovable property in Kerala. The Kerala property passes under the personal succession law that applies to the deceased (for example, the Hindu Succession Act, the Indian Succession Act, or Muslim personal law), and you establish your entitlement through Indian procedure. Treat the two estates as separate workstreams.
Step 2 — Establish heirship in Kerala
Depending on the asset and who disputes it, you may need:
- a legal heir certificate (to identify the heirs for routine purposes), and/or
- a succession certificate or other court process (often needed for movable assets, bank balances, or where there is no clear title), and
- where the deceased left a will, the will may need to be acted upon (and probate of the will in some cases).
Our guides on the legal heir vs succession certificate and NRI inheritance under succession and FEMA cover which one applies.
Step 3 — Put a Power of Attorney in place (this is what keeps you in the UK)
A properly executed PoA lets a trusted person in Kerala obtain certificates, complete mutation, and register a sale for you. From the UK that means: draft a specific PoA, sign before a UK notary, get the FCDO apostille, courier the original to Kerala, and have it adjudicated. The full UK procedure is in our UK Power of Attorney guide.
Step 4 — Complete mutation (pokkuvaravu)
Once heirship is established, the property records must be updated into the heirs' names — mutation (pokkuvaravu) at the village office. Skipping mutation is a classic NRI mistake: the title looks fine on the old deed, but a buyer's lawyer will flag that the records still show the deceased. Mutation must be done before a clean sale.
Step 5 — Sell with a clean title
To give a buyer good title, all legal heirs generally have to consent — by signing the sale deed or via a PoA from each heir. If heirs are scattered across the UK and India, coordinate the PoAs early. If heirs disagree, a partition may be needed first so each share can be dealt with separately.
Step 6 — Handle the tax (TDS) correctly
When an NRI sells, the buyer must deduct TDS on the capital gains under Section 195 — commonly 20% plus surcharge and cess for long-term gains, higher for short-term. For inherited property, the holding period and cost are generally taken from the previous owner, which usually makes it long-term. If the TDS over-deducts versus your real liability, apply for a lower-TDS certificate under Section 197 before the sale. The detail is in our FEMA repatriation and 15CA/15CB guide.
Step 7 — Repatriate the proceeds to your UK account
Route the money through your NRO account, after Indian taxes, using Form 15CA and a Chartered Accountant's Form 15CB where required. An NRI may repatriate up to USD 1 million per financial year from the NRO account under RBI rules. The bank will not process the remittance without the correct forms — so build this into the plan from the start, not after the sale.
The UK heir's most expensive mistakes
- Assuming UK probate settles the Kerala property — it doesn't; the Indian process is separate.
- Skipping mutation — the sale stalls when the buyer's lawyer sees the records still in the deceased's name.
- Not getting a lower-TDS certificate — over-deducted TDS ties up a large sum you then have to reclaim.
- Leaving a co-heir out — one missing signature or PoA can void a clean title.
- Repatriating informally — moving money outside the 15CA/15CB route creates FEMA and tax exposure.
How we help UK families
We map the whole sequence — heirship, PoA, mutation, sale, TDS, and repatriation — into one plan, coordinate the Kerala-side procedures through trusted people on the ground, and keep every UK-based heir aligned so the sale does not collapse at the last step. Scheduling is arranged around GMT/BST.
To plan an inherited-property matter from the UK, book a consultation — it includes free, unlimited follow-ups on your matter — or see our UK NRI legal services.
This article is general legal information, not advice on your specific situation. Succession, tax, and FEMA rules change and depend on facts — confirm the current position for your matter before acting.
Frequently Asked Questions
Does UK probate cover my inherited property in Kerala?
No. UK probate (or letters of administration) deals with the deceased's UK estate. Immovable property in Kerala is governed by Indian succession law and Indian procedure. You will need to establish your right to the Kerala property separately in India — typically through the personal succession law that applies, plus a legal heir certificate and, where required, a succession certificate or court process. The two systems run in parallel.
Can I handle the Kerala succession and sale from the UK without travelling?
Largely, yes. With a properly executed Power of Attorney (UK notarisation plus FCDO apostille, then adjudication in Kerala), a trusted attorney can obtain certificates, complete mutation, and register a sale on your behalf. Some steps may still need your documents or signatures, but the aim is to avoid you having to be physically present for routine procedures.
How much tax is deducted when an NRI sells inherited Kerala property?
For inherited property treated as a long-term capital asset, the buyer must deduct TDS on the capital gains under Section 195 of the Income Tax Act (commonly 20% plus surcharge and cess), and short-term gains are deducted at a higher rate. The holding period and cost are generally taken from the original owner. You can apply for a lower-TDS certificate under Section 197 if your actual liability is lower. See our repatriation guide for the detail.
How do I send the sale money from Kerala to my UK bank account?
Legally, through your NRO account, after Indian taxes are paid, using Form 15CA and a Chartered Accountant's Form 15CB where required. An NRI can repatriate up to USD 1 million per financial year from the NRO account under RBI rules. The bank will not release the remittance without the correct forms.
Several heirs are scattered across the UK and India — can the property still be sold?
Yes, but every legal heir's consent and signature (or a PoA from each) is normally required to give a clean title to a buyer. Co-heirs abroad each execute a PoA or sign the deed. Where heirs disagree, a partition may be needed first. Sorting out the heirship and documentation early prevents a sale from collapsing at the registration stage.