A resident of Australia buys or sells Indian property through an attorney holder in India, appointed by a power of attorney signed before an Australian notary and apostilled by DFAT. The attorney signs and registers the deed. Purchases are funded through NRE, NRO or FCNR accounts or inward remittance. On a sale, the buyer deducts tax at source at non-resident rates, and proceeds can be remitted to Australia from the NRO account, within the annual limit, with Forms 15CA and 15CB.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Rules
- FEMA (Non-Debt Instruments) Rules 2019
- Not allowed to buy
- Agricultural land, plantation, farmhouse
Buying & Selling Property from Australia: how it works
We check the title before anything is signed. For a purchase that means the seller's chain of title, encumbrance records, approvals and RERA registration; for a sale it means confirming that your own records, including mutation and society transfer, are in order. We then draft a specific power of attorney naming the property and the transaction. You sign before a notary in your state, obtain the DFAT apostille and courier the original, which is stamped in India within three months and, in many states, registered or adjudicated before use.
Your attorney holder signs the agreement and sale deed and appears before the sub-registrar. On a sale, the buyer needs a TAN and must deduct tax on the full sale price unless you provide a lower deduction certificate, which we apply for before completion. The sale is also reported in your Australian return as a capital gain, with an offset for Indian tax. Once the money reaches your NRO account, a chartered accountant issues Form 15CB and the bank remits it to Australia.
What clients in Australia should know
- An Australian citizen of Indian origin buys Indian property using the general permission for OCI cardholders, which excludes agricultural land, plantations and farmhouses.
- Australian banks may ask for evidence of the source of funds when sale proceeds arrive, so keep the registered deed, tax challans and Form 15CB together.
- Sale contracts drafted in India sometimes include a cash component; refuse it, because it understates Indian tax and leaves no record for Australian tax purposes.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Buying & Selling Property, or see all services for clients in Australia and the NRI Property Law practice area.
Questions from clients in Australia
Can I sell inherited property in India while living in Australia?
Yes, once the property is recorded in your name or the heirs' names. Your attorney holder signs for you, and every co-owner either signs or gives their own power of attorney.
Will I pay tax in both countries?
The gain is taxed in India, and as an Australian tax resident you also report it in Australia. Indian tax paid can usually be offset against Australian tax on the same gain.
Can my parents live in a flat I buy in India?
Yes. You can buy a residential flat and let your parents live there. If you rent it out instead, rental income is taxable in India and reportable in Australia.