Property Law for NRIs in Philippines

NRIs with property connections to India need to authenticate documents such as a Power of Attorney using the process currently in effect for the Philippines -- a Hague Apostille Convention member since 14 May 2019, with apostilles issued by the Department of Foreign Affairs (DFA)'s Office of Consular Affairs. This platform flags a genuinely distinctive Philippine quirk: because a Power of Attorney is a private document, it must first be notarized by a Philippine notary public (whose commission is territorially limited to the specific city or province where they are commissioned) and then carry a Certificate of Authority for a Notarial Act (CANA), issued by the Regional Trial Court Executive Judge supervising that notary, before DFA will apostille it. This hub covers that process in full, along with TDS and repatriation rules for selling inherited property, specifically as they apply from the Philippines.

Key Authorities & Frameworks That Apply

Philippine Department of Foreign Affairs (DFA), Office of Consular Affairs, Authentication Division -- issues apostilles for Philippine public and CANA-certified private documents.
Regional Trial Court (RTC) Executive Judge -- issues the Certificate of Authority for a Notarial Act (CANA), confirming the notarizing notary's commission was valid, a required step before DFA will apostille a private document like a Power of Attorney.
Philippine Notary Public -- notarizes the Power of Attorney; commission is territorially limited to the specific city or province where the notary is commissioned.
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 Philippines

Power of Attorney for NRIs in the Philippines -- Apostille, CANA & Legal Requirements
An NRI in the Philippines authenticates a Power of Attorney for Indian property matters by notarizing it before a Philippine notary public, obtaining a Certificate of Authority for a Notarial Act (CANA) from the supervising Regional Trial Court, and then obtaining an apostille from the Department of Foreign Affairs (DFA)..
Selling Inherited Property in India as an NRI in the Philippines -- TDS, Capital Gains & Repatriation
When an NRI in the Philippines 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.