Heirs in Australia can obtain a succession certificate and complete mutation in India without travelling. Affidavits are signed before an Australian notary public and apostilled by DFAT. The petition is filed in India by an attorney holder, and your statement is recorded by video link, conveniently timed because Australian afternoons overlap Indian court hours.
- Document route
- Notary + DFAT apostille, or Indian mission
- Time difference
- Ahead of IST by 2.5 to 5.5 hours
- Handled in India at
- District court and revenue office
- Travel to India
- Usually none
How it works from Australia
We check each asset for nominations and joint holders, since those can be claimed on the death certificate alone. For the rest we prepare the petition, notices and no-objection affidavits from siblings. Courts allow the notice period, record the petitioner's statement and grant the certificate on payment of court fee.
Proceeds are credited to your NRO account. If you do not have one, we help you open it from Australia with notarised KYC. The flat or house is transferred by mutation on the will or heirship certificate, and can then be sold with the tax and remittance steps planned in advance.
What is different for NRIs in Australia
- Inherited assets are not taxed in India or, as an inheritance, in Australia; later gains are.
- Australian tax cost-base rules for inherited foreign assets should be checked before sale.
- Remittance to Australia is within the one million US dollar annual limit.
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 succession certificate or inheritance claim 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 succession certificate or inheritance claim, 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 file the petition, publish the court notice, lead your evidence by affidavit or video and collect the certificate. 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 certified court order and we help present it to each bank, company and registry. 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 succession certificate or inheritance claim from Australia. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Succession Certificate & Inheritance. For other matters, see all legal services for NRIs in Australia or the Inheritance, Wills & Documents practice area.
Questions from NRIs in Australia
Can I claim my late father's bank deposits in India from Australia?
Yes, as nominee on the death certificate, or with a succession certificate obtained through an attorney holder.
Who can witness my affidavit in Australia for an Indian court?
A notary public, followed by a DFAT apostille. A Justice of the Peace alone is not sufficient.
How do I receive the money in Australia?
It is paid to your NRO account and remitted by the bank on an accountant's certificate.