If you live in Australia, you can deal with a legal matter in India by signing a power of attorney before an Australian notary public and having it apostilled by the Department of Foreign Affairs and Trade, or by signing at the Indian High Commission or a Consulate General. The document is couriered to India and stamped, and our advocates act on it. Australian tax residents should account for Australian tax on Indian gains and income.
- Document route
- Notary + DFAT apostille, or Indian mission
- Time difference
- Ahead of IST by 2.5 to 5.5 hours
- Australian judgments
- Enforced in India by fresh suit
- Hague Apostille
- Australia is a member
Common Legal Needs of NRIs in Australia
Many Australian NRIs have parents and inherited property in India. An Indian Lawyer for Australian NRIs can assist with protecting elderly parents and their homes under the Senior Citizens Act , preparing registered wills and nominations , and managing succession documents and property transfers after a death. An Inheritance Lawyer in India can also help families understand the legal process for claiming inherited assets and resolving succession-related disputes. Matrimonial disputes are another concern for Australia-based NRIs, particularly when separation involves criminal complaints or legal proceedings in India. Legal assistance can help clients understand their options under Indian law while living abroad.
Power of Attorney and Legal Formalities for Australian NRIs
NRIs in Australia who need to authorise someone to handle legal or property matters in India may require a Power of Attorney India from Australia. The document can generally be notarised by an Australian notary public and submitted to DFAT for an apostille. Indian passport holders may also be eligible to seek attestation through the Indian High Commission or relevant consulate, subject to current procedures.
Once the Power of Attorney reaches India, applicable stamping and registration formalities must be completed as required by law. Our team also assists with document apostille and attestation for documents intended for use in India. An Indian Lawyer for NRI Documentation can help prepare and review documents and guide clients through the relevant formalities.
Services most requested from Australia
Planning for parents and property, then handling inheritance and sale.
Parents & Senior Citizen Rights
Protecting parents in India from neglect, pressure or loss of their home.
Will Drafting & Probate
A registered Indian will for parents, and for your own Indian assets.
Succession Certificate & Inheritance
Releasing deposits and investments after a parent's death.
Buying & Selling Property
Sale of the family home through a power of attorney.
Domestic Violence Cases
Responding to, or bringing, proceedings in India during a separation.
Power of Attorney for India
DFAT-apostilled powers of attorney accepted by Indian registrars.
Financial and Tax Considerations for Australian NRIs
India taxes gains from Indian property sales and may require tax to be deducted by the buyer. Australian tax residents are generally taxed on worldwide income and capital gains, with a potential foreign income tax offset for Indian tax paid under the applicable treaty. Temporary residents may have different tax obligations, so advice from an Australian tax professional is recommended. Australia does not impose inheritance tax, but inherited property may have specific tax implications when sold.
Legal Services in India for Australian NRIs Can help manage Indian tax-related formalities, including lower TDS deduction certificates, income tax returns, and documentation to repatriate property sale proceeds. For Australian tax obligations, consult a qualified Australian tax adviser.
Court Orders, Family Cases and Working Hours
Australian court judgments may require enforcement through a fresh suit in India. Legal Services in India for Australian Citizens can help with cross-border legal matters, including the recognition of Australian divorce orders under applicable Indian law. Recognition depends on the circumstances, particularly whether both spouses participated in the proceedings. Cross-border child custody matters may also involve additional complexities because Australia is a party to the Hague Abduction Convention, while India is not.
All services for NRIs in Australia
Every service below is available to clients living in Australia and is handled in India on your authority. Open any one for the law, documents and process.
Our Court Representation in India for NRIs services help NRIs manage court proceedings, family disputes, and other legal matters in India while living in Australia. Consultations can be arranged around Australian time zones, making it easier to discuss your case and coordinate with our team remotely.
Property & Real Estate
- NRI Property Dispute Resolution
- Property Partition Suit
- Title Verification & Due Diligence
- Power of Attorney for India
- Illegal Possession & Encroachment
- Builder Fraud & RERA Complaints
- Buying & Selling Property
- Property Transfer & Mutation
- Landlord-Tenant & Eviction
- Adverse Possession Defence
Inheritance, Wills & Documents
Family, Marriage & OCI
- NRI Divorce
- Child Custody & Guardianship
- Maintenance & Alimony
- Domestic Violence Cases
- Adoption from India
- Marriage Registration
- OCI Card Legal Issues
- Parents & Senior Citizen Rights
Tax, Banking & FEMA
- Income Tax Notices & Appeals
- TDS & Capital Gains on Property Sale
- Repatriation of Funds
- Shares Transmission & IEPF Recovery
- FEMA Compliance & RBI Notices
Business & Corporate
Criminal Defence & Recovery
- FIR Quashing & Bail
- Cheque Bounce & Money Recovery
- Fraud & Cybercrime Recovery
- Look Out Circular & Extradition
Claims & Compensation
Indian missions in Australia
Jurisdiction is by state and territory. Consular applications go through an outsourced centre.
- High Commission of India, Canberra
- Consulate General, Sydney
- Consulate General, Melbourne
- Consulate General, Perth
- Consulate General, Brisbane
Frequently asked questions
Is a DFAT apostille accepted in India?
Yes. Australia and India are both parties to the Hague Apostille Convention. The document must first be notarised by an Australian notary public.
Can a Justice of the Peace witness my power of attorney for India?
For use in India the document should be signed before a notary public and apostilled, or attested at the Indian mission. Witnessing by a Justice of the Peace alone is unlikely to be accepted.
Can an Australian citizen inherit property in India?
Yes. A person of Indian origin can inherit any immovable property in India from a resident. An OCI card makes holding and selling it simpler.
How can I protect my elderly parents in India from here?
By arranging their legal documents, and where there is ill-treatment, by having an application filed before the Maintenance Tribunal on their authorisation. Police senior-citizen cells can also be alerted.
Is an Australian divorce recognised in India?
Generally where both spouses took part. A decree obtained without the other spouse's participation on the sole basis of separation may be questioned in India.
Can I manage my parents' property in India from Australia?
Yes, under a registered power of attorney from them to you or to a trusted person in India, with clear limits on sale and mortgage.
Are Australian permanent residents treated as NRIs in India?
Yes, if they hold Indian passports and live abroad. After taking Australian citizenship they are foreign nationals of Indian origin and should obtain an OCI card.