Country Guide · Canada

Legal Help in India for NRIs Living in Canada

For Indian citizens, OCI cardholders and Indo-Canadian families in Ontario, British Columbia, Alberta and across Canada with property, family, inheritance or court matters in India.

  • Canadian apostille or Indian mission attestation
  • Property held in Punjab, Gujarat and other states
  • Criminal complaints and travel concerns
  • Calls arranged across Canadian time zones

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Get Help from Canada

Tell us your province and the Indian state where your matter is.

Common matters

Matters Canada-Based NRIs Most Often Raise

Property looked after by relatives, inheritance after a parent’s death and family disputes are the most common reasons Indo-Canadians need a lawyer in India.

Occupied or disputed property

Relatives or tenants occupying land or a house in India without your consent.
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Partition of family property

Dividing family land with siblings, some of whom live in India.
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Power of Attorney

Appointing someone in India to act for you at the sub-registrar or tehsil.
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Inheritance

Claiming a share of a parent’s property after their death.
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FIRs and complaints

An FIR or complaint filed in India that affects your plans to travel.
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Selling or buying property

Selling land or a house and repatriating the money to Canada.
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Documents signed in Canada

Getting Canadian-Signed Documents Accepted in India

Since Canada joined the Apostille Convention, there are two recognised routes. Check what the Indian authority will accept before you sign.

Route 1 — Notarise and apostille in Canada

  • Canada joined the Hague Apostille Convention with effect from 11 January 2024; India is also a party.
  • Sign before a Canadian notary, then obtain an apostille from the competent authority — Global Affairs Canada or, for documents from certain provinces, the provincial authority.
  • An apostilled document needs no further attestation by an Indian mission, though some Indian offices may still ask questions — confirm in advance.

Route 2 — Indian mission attestation

  • India’s missions in Canada include the High Commission in Ottawa and Consulates General in Toronto and Vancouver.
  • Attestation applications are handled through the missions’ outsourced service provider; for a power of attorney you may have to attend in person.
  • Missions usually ask for the notarised document, passport copies, proof of Canadian status and address proof — check the current checklist.

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

  • Keep the power of attorney specific to the property or task.
  • Check that names match across passport, PR card or citizenship documents, OCI card and Indian records.
  • Send originals by tracked courier and keep scans.
  • Remind your attorney holder that stamping in India has a time limit.

Tax, banking & FEMA

Money Matters Between India and Canada

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 Canadian side

  • Canadian residents are generally taxed on worldwide income, which can include gains on Indian property.
  • The India–Canada tax treaty and foreign tax credits may reduce double taxation.
  • Foreign property may have to be reported to the Canada Revenue Agency above certain thresholds.
  • These are Canadian tax questions — consult a Canadian tax professional. This page covers Indian law only.

Courts & family matters

Indian Court Proceedings from Canada

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 Canada and couriered to India.

Before travelling to India

If a complaint has been filed against you, get advice on anticipatory bail and any Look Out Circular before you book flights.

Canadian divorce decrees

Recognition in India depends on Section 13 of the Code of Civil Procedure — jurisdiction and grounds matter.

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 9½ to 13½ hours ahead of Canada, depending on the province and daylight saving.

FAQs

Frequently Asked Questions

Can I use a Canadian apostille for a power of attorney meant for India?

Yes, since 11 January 2024 Canadian public documents, including notarised documents, can be apostilled for use in India. Confirm that the receiving office accepts it.

Which Indian mission do I approach in Canada?

The one whose jurisdiction covers your province — the High Commission in Ottawa or the Consulates General in Toronto or Vancouver.

Someone has occupied my land in Punjab. Can I act from Canada?

Yes. A lawyer can send notices and file a suit, and your attorney holder can handle local steps. Act quickly, as delay can complicate matters.

Is my Canadian divorce recognised in India?

Not automatically — it must satisfy Section 13 of the Code of Civil Procedure. Get advice before relying on it in India.

Can I consult a lawyer in India in the evening?

Yes. Canadian evenings overlap with Indian mornings, which suits many 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.
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Other countries

NRI legal support worldwide.
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NRI legal FAQs

Common questions answered.
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Handle Your Matter in India from Canada

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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.