From Australia you can sell or buy property in India through an attorney holder acting under a notarised, DFAT-apostilled power of attorney. The Indian buyer deducts tax at non-resident rates unless you hold a lower deduction certificate. Australian tax residents are generally taxed on the gain in Australia too, with an offset for Indian tax; temporary residents are usually exempt on foreign gains.
- Document route
- Notary + DFAT apostille, or Indian mission
- Time difference
- Ahead of IST by 2.5 to 5.5 hours
- Handled in India at
- Sub-registrar office and tax portal
- Travel to India
- None with a power of attorney
How it works from Australia
We complete inheritance paperwork and mutation first, then compute the Indian gain using the parent's original cost or the 2001 value. The certificate application goes in once a buyer is agreed. Your attorney holder signs and registers; the price is paid into your NRO account.
On the Australian side, the cost base of property inherited from a non-resident parent is generally its market value at the date of death, which can make the Australian gain small even when the Indian gain is large. Give your accountant the Indian documents early. We then prepare the remittance paperwork for transfer to your Australian bank.
What is different for NRIs in Australia
- Do not accept any part of the price in cash.
- Joint heirs each need their own power of attorney and tax certificate.
- Buying: NRIs and OCIs may buy residential and commercial property, not agricultural land.
Step by step from Australia
Free review call
Calls are held in your afternoon, which is the Indian morning. We read your papers on a property purchase or sale in India first, so the call is about your options and not a repeat of the facts.
Authority from Australia
Where a representative must act for you in India on a property purchase or sale in India, you sign before an Australian notary public and obtain the DFAT apostille, or attend the Indian mission for your state. We draft the document and send signing instructions.
Work in India
In India, we verify title, settle the agreement and sale deed, handle the tax deduction paperwork and attend registration with your attorney holder. Updates for clients in Australia go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the registered deed, tax certificates and, on a sale, the bank papers for repatriation. Originals are couriered to your address in Australia if you need them.
The law in full
This page covers what changes when you handle a property purchase or sale in India from Australia. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Buying & Selling Property. For other matters, see all legal services for NRIs in Australia or the Property & Real Estate practice area.
Questions from NRIs in Australia
Can I sell my parents' house in India from Australia?
Yes, once it is in your name, through a registered special power of attorney.
Will the ATO tax the sale?
Australian tax residents are generally assessable on foreign capital gains with a foreign tax offset. Temporary residents are generally not. Ask your accountant.
How long does the money take to reach Australia?
A few working days after the bank receives complete documents.