Property Law for NRIs in Nepal

NRIs with property connections to India need to authenticate documents such as a Power of Attorney using the process currently in effect for Nepal -- which is not a Hague Apostille Convention member. A Power of Attorney executed in Nepal for use on Indian property therefore cannot be apostilled, and instead follows the older, multi-step legalization chain: notarization in Nepal, authentication by Nepal's Ministry of Foreign Affairs, and attestation by the Embassy of India, Kathmandu. This hub covers that process in full, along with TDS and repatriation rules for selling inherited property, specifically as they apply from Nepal -- including this platform's explicit flag that the 1950 Treaty of Peace and Friendship's visa-free open border does not simplify this document-legalization chain, since the Treaty covers movement and residence, not document attestation.

Key Authorities & Frameworks That Apply

Nepal Ministry of Foreign Affairs -- authenticates Nepali documents for use abroad, functionally replacing the apostille that would apply in a Hague Convention member country.
Embassy of India, Kathmandu -- attests the authenticated document before it is sent to India; honorary consulates connected to Birgunj and Biratnagar may also be relevant depending on location.
Nepali Notary Public / Advocate -- notarizes the Power of Attorney as the first step in the chain.
Indian sub-registrar's office (India) -- adjudicates stamp duty and registers the POA before use in a property transaction.
Income Tax Department, India and Reserve Bank of India (FEMA) -- govern TDS and repatriation on sale proceeds exactly as they do for NRIs elsewhere.

Complete Guides for NRIs in Nepal

Power of Attorney for NRIs in Nepal -- Legalization & Legal Requirements
An NRI in Nepal authenticates a Power of Attorney for Indian property matters by notarizing it in Nepal, obtaining authentication from Nepal's Ministry of Foreign Affairs, and then obtaining attestation from the Embassy of India, Kathmandu -- Nepal is not a Hague Apostille Convention member, so an apostille is not available, and the 1950 Treaty of Peace and Friendship's open-border privileges do not simplify this specific document-legalization chain..
Selling Inherited Property in India as an NRI in Nepal -- TDS, Capital Gains & Repatriation
When an NRI in Nepal sells inherited property in India, the buyer must deduct TDS under Section 195 of the Income Tax Act, generally at 20% plus applicable surcharge and cess on long-term capital gains.