Country Guide · Australia

Legal Help in India for NRIs Living in Australia

For Indian citizens, OCI cardholders and Indian-Australian families in Sydney, Melbourne, Brisbane, Perth, Adelaide and elsewhere who need to deal with property, inheritance or family matters in India.

  • Australian apostille or Indian mission attestation
  • Wills, inheritance and parents’ property
  • Property sale and repatriation
  • Calls that suit Australian time zones

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Get Help from Australia

Tell us your state and where in India your matter is.

Common matters

Matters Australia-Based NRIs Most Often Raise

Many Indian-Australians are dealing with ageing parents’ property, inheritance and sale of family homes in India.

Inheritance

Transferring a parent’s flat, deposits or shares after their death.
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Legal heir certificate

Getting a legal heir certificate for records, pensions and utilities.
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Selling or buying property

Selling property in India and moving the proceeds to Australia.
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Power of Attorney

Authorising a relative in India to act for you.
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Partition of family property

Dividing jointly inherited property with siblings.
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Child custody

Custody or maintenance where one parent lives in India.
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Documents signed in Australia

Getting Australian-Signed Documents Accepted in India

Australia and India are both parties to the Apostille Convention, and Indian missions also provide attestation. Check what the receiving authority in India prefers.

Route 1 — Notarise and apostille in Australia

  • Sign before an Australian notary public.
  • Obtain an apostille from the Department of Foreign Affairs and Trade (DFAT).
  • As both countries are parties to the Hague Apostille Convention, no further legalisation is needed in India — though some offices still ask for consular attestation, so confirm first.

Route 2 — Indian mission attestation

  • India’s missions in Australia are the High Commission in Canberra and Consulates General in Sydney, Melbourne, Perth and Brisbane, each covering specific states and territories.
  • Miscellaneous consular services, including attestation, are handled through the missions’ outsourced service centres.
  • Check the current checklist, fees and whether personal attendance is needed before you apply.

Once the document reaches India

  • Have it stamped in India within three months of receipt, as the applicable stamp law requires — usually by adjudication at the stamp office.
  • A Power of Attorney used to register a sale or other deed must satisfy the authentication requirements of the Registration Act, 1908.
  • Register the deed where registration is compulsory, through your attorney holder at the sub-registrar’s office.
  • Keep scanned and certified copies — originals are sometimes retained by the registering office or a court.

Practical tips

  • Use a specific power of attorney for the property or bank concerned.
  • Keep your passport, OCI card and PAN details consistent.
  • Send originals to India by tracked courier and keep scans.
  • Ask your lawyer in India to check the draft before you sign.

Tax, banking & FEMA

Money Matters Between India and Australia

Two tax systems can touch the same transaction. Take advice in India and where you live before you sign.

On the Indian side

  • Capital gains on selling property in India are taxed in India. The buyer must deduct tax at source when buying from a non-resident — under section 393(2) of the Income-tax Act, 2025 from 1 April 2026 (earlier section 195 of the 1961 Act).
  • If the TDS would exceed the tax actually due, you can apply to the Income Tax Department for a lower or nil deduction certificate before the sale.
  • Sale proceeds and other NRO balances can be repatriated up to USD 1 million per financial year under RBI rules, usually with Forms 15CA/15CB.
  • Under FEMA, NRIs and OCIs may buy residential and commercial property but not agricultural land, plantations or farmhouses — though they can inherit them.

On the Australian side

  • Australian tax residents are generally taxed on worldwide income, which can include gains on Indian property.
  • The India–Australia tax treaty and foreign income tax offsets may reduce double taxation.
  • These are Australian tax questions — consult an Australian tax adviser. This page covers Indian law only.

Courts & family matters

Indian Court Proceedings from Australia

Video appearance

Many Indian courts allow parties abroad to join by video, subject to each High Court’s rules and the court’s permission.

Vakalatnama

Your lawyer appears for you on a vakalatnama that can usually be signed in Australia and sent to India.

Attorney holder’s role

Your attorney holder can manage practical steps but generally cannot give evidence on facts only you know.

Australian divorce orders

Recognition in India depends on Section 13 of the Code of Civil Procedure.

Children across borders

India is not a party to the Hague Child Abduction Convention; custody is decided on the child’s welfare.

Time difference

India is 2½ to 5½ hours behind Australia, depending on the state and daylight saving.

FAQs

Frequently Asked Questions

Can I get an apostille from DFAT for a power of attorney for India?

Yes. A notarised document can be apostilled by DFAT. Confirm that the bank, registrar or court in India will accept it.

Which Indian mission covers my state?

Each mission covers specific states and territories — for example, Sydney, Melbourne, Perth and Brisbane each have a Consulate General. Check the High Commission website.

My parent left a will. Do we need probate?

It depends on where the property is and the community the testator belonged to. Probate is mandatory in some situations and optional in others — get advice.

Can I sell my parents’ flat from Australia?

Usually yes, once title is transferred to the heirs, through a specific power of attorney and a lawyer in India.

When can I talk to a lawyer in India?

Australian afternoons overlap with Indian mornings, which is convenient for most consultations.

Related

Related NRI Services

NRI Power of Attorney

Authorising someone in India.
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NRI property disputes

Title, ownership and possession.
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NRI inheritance

Heirs living abroad.
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NRI divorce

Divorce in India from abroad.
Explore →

Other countries

NRI legal support worldwide.
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NRI legal FAQs

Common questions answered.
Read →

Handle Your Matter in India from Australia

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The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action. Last reviewed: November 2026.