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Property Law for NRIs in Australia

NRIs living in Australia dealing with property in India most often need a properly apostilled Power of Attorney, clarity on TDS and repatriation rules when selling inherited property, or help with registration/verification without traveling to India. Australia has been a party to the Hague Apostille Convention since 1995, making the authentication process comparatively straightforward.

Key Authorities & Frameworks That Apply

  • Department of Foreign Affairs and Trade (DFAT), Australia -- issues the apostille on a notarized POA; Australia has been a Hague Apostille Convention member since 1995.
  • Indian sub-registrar's office (India) -- adjudicates stamp duty and registers the apostilled POA before use in a property transaction.
  • Income Tax Department, India -- governs TDS under Section 195 on sale proceeds paid to an NRI seller.
  • Reserve Bank of India (FEMA) -- governs repatriation of sale proceeds to Australia from an NRO account.
  • Australian Taxation Office (ATO) -- the India-Australia DTAA allows a foreign income tax offset for capital-gains tax already paid in India.

Complete Guides for NRIs in Australia