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Property Law for NRIs in Sri Lanka

NRIs living in Sri Lanka dealing with property in India must use a multi-step consular legalization chain for a Power of Attorney, since Sri Lanka is not a member of the Hague Apostille Convention -- a single apostille is not available. The document must instead be notarized in Sri Lanka, certified by the Ministry of Foreign Affairs Consular Division in Colombo, and then attested by the Indian High Commission in Colombo (or the Assistant High Commission in Kandy for applicants in the hill country/central districts). This hub covers that chain in full, along with TDS and repatriation rules for selling inherited property, specifically as they apply from Sri Lanka.

Key Authorities & Frameworks That Apply

  • Ministry of Foreign Affairs, Consular Affairs Division, Colombo -- since Sri Lanka is not a Hague Apostille Convention member, this division certifies a notarized document before it can be attested by a foreign mission; it does not issue an apostille.
  • High Commission of India, Colombo and its Assistant High Commission, Kandy -- attest the Ministry-certified document, completing the legalization chain before the Power of Attorney can be used in India. Kandy's jurisdiction covers the Central, North Central, Uva, and Sabaragamuwa provinces.
  • Indian sub-registrar's office (India) -- adjudicates stamp duty and registers the POA before use in a property transaction, regardless of the exact legalization path followed in Sri Lanka.
  • 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 Sri Lanka