From Austria you can buy or sell property in India through an attorney holder acting under a power of attorney signed before an Austrian notary and apostilled. Indian citizens and OCI cardholders may buy residential and commercial property; OCI holders cannot buy agricultural land, plantations or farmhouses. Purchases are paid from NRE, NRO or FCNR accounts or inward remittance. On a sale, the buyer deducts tax at source, and proceeds can later be repatriated within FEMA limits.
- Document route
- Austrian notary, then apostille
- Time difference
- IST is 3.5 to 4.5 hours ahead
- Rules
- FEMA (Non-Debt Instruments) Rules 2019
- Not allowed to buy
- Agricultural land, plantation, farmhouse
Buying & Selling Property from Austria: how it works
For a purchase, we run a title search over the past 30 years, check approvals and RERA registration for new projects, and review the builder or seller's documents. The price is paid through banking channels in rupees. Your attorney holder signs the sale deed and attends registration, unless you choose to travel. For a sale, we check your own title chain, any inheritance gaps and outstanding dues, prepare the agreement and sale deed, and plan tax at source with you.
The main risks are title defects, fake sellers and unpaid dues for a purchase, and incorrect tax deduction for a sale. Austrian citizens who are not OCI cardholders generally cannot buy Indian property at all, so check your status first. Keep records of how the property was paid for, because repatriation of sale proceeds depends on the source of the original funds. Sale proceeds up to USD 1 million per financial year can be repatriated from an NRO account with Forms 15CA and 15CB.
What clients in Austria should know
- An Austrian spouse without OCI status cannot be a joint buyer of Indian property; in such cases the property is bought in the Indian-origin spouse's name.
- The India-Austria tax treaty lets India tax gains on Indian property; report the gain in Austria as your Austrian tax adviser directs.
- Signing a power of attorney before an Austrian notary takes one appointment; leave time for the apostille and courier before the registration date.
Step by step from Austria
Video consultation
A call at a time that suits Austria, after we have read your documents.
Documents signed in Austria
Austrian notary, then apostille
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 Austria where needed.
The full guide
This page covers what changes when you are in Austria. 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 Austria and the NRI Property Law practice area.
Questions from clients in Austria
Can I buy property in India with an Austrian passport?
Yes, if you hold an OCI card, for residential and commercial property. Without OCI status, purchase is generally not permitted.
Can I sell inherited agricultural land from Austria?
Yes. OCI holders can hold and sell inherited agricultural land, subject to state rules on who may buy it.
Do I have to be present at registration?
No, if your attorney holder signs under a valid, stamped and, where required, registered power of attorney.