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Property Law for NRIs in Canada

NRIs living in Canada dealing with property in India benefit from a process that changed meaningfully in 2024: Canada acceded to the Hague Apostille Convention effective January 11, 2024, replacing the older, slower consular-legalization chain with a single-step apostille for documents like a Power of Attorney. This hub covers Power of Attorney execution and the sale of inherited property, specifically as they apply from Canada.

Key Authorities & Frameworks That Apply

  • Notary Public (Canada) and, since January 2024, an apostille -- Canada is now a party to the 1961 Hague Apostille Convention.
  • Indian sub-registrar's office (India) -- adjudicates stamp duty and registers the apostilled POA before it can be used 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 Canada from an NRO account.
  • Canada Revenue Agency (CRA) -- the India-Canada DTAA allows a foreign tax credit in Canada for capital-gains tax already paid in India.

Complete Guides for NRIs in Canada