Documents from Afghanistan are difficult to legalise at present. Afghanistan is not a party to the Apostille Convention, and India's mission in Kabul has offered only limited services since 2021, so we decide the route document by document, often using records issued in India or in a third country instead. Afghan citizens need RBI permission to acquire or transfer immovable property in India. Afghanistan is not a reciprocating territory, and there is no tax treaty.
- Document route
- Case by case: Indian mission in Kabul where available, or Indian documents and third-country routes
- Time difference
- IST is 1 hour ahead of Afghanistan all year
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- Not a party: consular attestation where available
Who we help with ties to Afghanistan
Afghan Sikh and Hindu families from Kabul, Jalalabad and Ghazni have long had relatives and businesses in Delhi, Amritsar and Ludhiana, and most of those who remained in Afghanistan have now moved to India or onwards. Afghan students, patients and traders have also lived in India for years, and some have married Indian citizens. Families now in Germany, the United Kingdom, Canada or the United States often still hold property, bank accounts or pending cases in India.
We help with document attestation and substitutes for missing Afghan records, powers of attorney, succession to deposits and property in India, property disputes, registration of marriages, and wills for families planning across several countries. Because the legal and political situation is unusual, we start every matter by checking which documents will actually be accepted.
Documents from Afghanistan for use in India
Afghanistan is not a party to the Hague Apostille Convention. Since 2021 the Afghan foreign ministry and India's mission in Kabul have both operated in limited ways, and Indian offices sometimes hesitate to accept recently issued Afghan documents. In practice we use one of these routes:
- For people now in India, documents are signed before an Indian notary or sub-registrar, with the passport, residence permit or UNHCR card, so no legalisation is needed.
- For people in a third country such as Germany, the UK or the UAE, documents are signed before a notary there and apostilled or attested by the Indian mission in that country.
- For people still in Afghanistan, we check whether the Indian mission in Kabul is currently attesting documents, and otherwise look for alternatives such as affidavits signed on arrival in a neighbouring country.
Where Afghan birth, marriage or death records cannot be obtained, Indian courts may accept affidavits, community certificates, gurdwara or temple records and other secondary evidence. Documents in Dari or Pashto need a certified English translation.
Most requested services from Afghanistan
These six services cover most of what Afghan families and people with ties to Afghanistan need from an Indian lawyer. Each page explains which documents will be accepted and what then happens in India.
Power of Attorney
Powers signed in India, in a third country or, where possible, in Kabul, for property, bank and court work.
Apostille & Attestation
Getting Afghan and Indian documents accepted, and substitutes where records are unavailable.
Succession Certificate
Heirs claim deposits and shares in India, with secondary evidence where Afghan records are missing.
Property Disputes
Protecting property in Delhi, Punjab and elsewhere from encroachment and forged transfers.
Marriage Registration
Registering marriages of Afghan nationals and Indian citizens, or proving an earlier marriage.
Wills & Probate
Wills and probate for families with assets in India and relatives in several countries.
Property rules for Afghan citizens
Under the FEMA (Non-Debt Instruments) Rules 2019, a citizen of Afghanistan living outside India cannot acquire or transfer immovable property in India, other than a lease of up to five years, without prior RBI permission. Members of the Sikh, Hindu and other minority communities from Afghanistan living in India on long-term visas have a separate, limited permission to buy one home and property for self-employment, subject to conditions. Investment by Afghan owners in Indian companies needs government approval because Afghanistan is treated as a land-border country.
Many Afghan Sikh and Hindu families have applied for Indian citizenship, including under the Citizenship (Amendment) Act 2019 for those who entered India before 31 December 2014. Once citizenship is granted, the FEMA restrictions no longer apply to that person.
Tax and moving money
India and Afghanistan do not have a comprehensive double taxation avoidance agreement in force, as far as we know. Income from Indian property is taxed in India, and the payer usually deducts tax at source. Remittances to Afghanistan face banking restrictions and international sanctions screening, so plans to send money there must be checked with the bank in advance. Families abroad usually receive Indian proceeds in the country where they now live.
Afghan judgments, marriages and family matters
Afghanistan is not a reciprocating territory under section 44A of the Code of Civil Procedure, and Indian courts will look closely at any recent Afghan judgment under section 13. Afghanistan is a party to the New York Convention, but enforcement of awards involving Afghan parties raises practical difficulties. Marriages performed in Afghanistan are generally recognised in India if valid under the applicable law; where a certificate is unavailable we help register the marriage in India or prove it by other evidence. Wills and succession for families spread across several countries need careful planning so that Indian assets pass smoothly.
All services for clients in Afghanistan
NRI Property Law
- Property Disputes
- Encroachment & Illegal Possession
- Partition of Family Property
- Buying & Selling Property
- Title Search & Due Diligence
- Tenant Eviction
- Builder Delay & RERA
Inheritance & Documents
Cross-Border Family Law
- Divorce for NRIs
- International Child Custody
- Maintenance & Alimony
- Marriage Registration
- 498A & Dowry Case Defence
- OCI Card Issues
Doing Business in India
- Company Setup for Foreigners
- Indian Subsidiary Setup
- Branch & Liaison Office
- FDI & FEMA Compliance
- Trademark Protection in India
- Commercial Contracts
- Employment Law for Foreign Employers
- GST for Foreign Businesses
- Investing in Indian Startups
- Legal Advisory for NRI Investors
Disputes & Enforcement
- International Arbitration
- Enforcing Foreign Judgments
- Money Recovery from India
- Shareholder Disputes & NCLT
- Accident Compensation Claims
- Cyber & Investment Fraud
- Criminal Defence & Look Out Circulars
Cross-Border Tax & Money
Indian missions in Afghanistan
India's mission in Kabul has operated with limited functions since 2021, and consular services may not always be available. Check the current position before planning any attestation there.
- Embassy of India, Kabul (limited services)
Frequently asked questions
Can Afghan documents be used in Indian courts?
Sometimes, but legalisation is difficult at present. We check each document and use Indian records, third-country attestation or secondary evidence where needed.
Can an Afghan citizen buy a flat in India?
Only with RBI permission, unless they are a minority community member on a long-term visa using the special permission, or have become an Indian citizen.
I am an Afghan Sikh now in Delhi. Can I sign documents here?
Yes. Signing before an Indian notary or sub-registrar with your passport or residence document avoids foreign legalisation.
How do we prove a relationship when Afghan records are lost?
Indian courts may accept affidavits, community and gurdwara or temple records, and other secondary evidence.
Can a judgment from an Afghan court be enforced in India?
Not directly. Afghanistan is not a reciprocating territory, and courts will examine it under section 13 CPC.
Can my family in Canada inherit our property in Delhi?
Yes, inheritance is recognised. Their nationality decides whether further permission is needed to transfer or sell.
Is there a tax treaty between India and Afghanistan?
Not a comprehensive one in force, as far as we know.
How do we communicate?
By video call, email and WhatsApp, in English, Hindi or Punjabi.