As far as we know Nepal is not a party to the Apostille Convention, so documents are notarised in Nepal, attested by the Ministry of Foreign Affairs in Kathmandu and then by the Embassy of India or the Consulate General in Birgunj. Despite the open border, Nepali citizens need RBI permission to acquire or transfer immovable property in India. Nepal is not a reciprocating territory, and India and Nepal have a tax treaty.
- Document route
- Nepali notary, Ministry of Foreign Affairs attestation, then Indian Embassy attestation
- Time difference
- IST is 15 minutes behind Nepal all year
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- Not in force as far as known: consular attestation (check current status)
Indians in Nepal and Nepali families with ties to India
Indian citizens run shops and businesses across the Terai, work as engineers on hydropower and infrastructure projects, and teach and practise medicine in Kathmandu. Marriages across the border are a centuries-old tradition in Mithila, Bhojpur and Awadh, and many Nepali families have land, bank accounts and relatives in Bihar, Uttar Pradesh, Uttarakhand, West Bengal and Sikkim. Nepali traders buy most of their goods from India, and Indian suppliers often extend credit to them.
We handle property disputes and succession in Indian courts, powers of attorney, registration of cross-border marriages, trade contracts and recovery of dues. The open border makes travel easy, but the legal position of a Nepali citizen in India is different from an Indian citizen's in important ways, and we explain those differences first.
Signing documents in Nepal for use in India
Nepal is not, as far as we are aware, a party to the Hague Apostille Convention, so documents follow the legalisation route. Please check the current position with us before you sign, as this can change. The usual chain is:
- Sign before a notary public licensed by the Notary Public Council of Nepal, with your citizenship certificate or passport.
- Have the document attested by the Ministry of Foreign Affairs in Kathmandu, which verifies the notary's signature.
- Have it attested by the Embassy of India in Kathmandu or the Consulate General in Birgunj, then bring or courier it to India and stamp it within three months.
Indian citizens living in Nepal can usually sign before the consular officer at the Embassy or Consulate instead. Because travel is easy, many clients simply sign documents in person in India, which avoids the legalisation chain altogether. Nepali documents need a certified English or Hindi translation.
Most requested services from Nepal
These six services cover most of what families and businesses in Nepal need from an Indian lawyer. Each page explains the route from Nepal, including attestation by the Ministry of Foreign Affairs and the Indian mission, and what then happens in India.
Power of Attorney
A power attested by the Nepali Ministry and the Indian Embassy lets a relative in India act for you.
Property Disputes
Encroachment, boundary and family disputes over land in Bihar, Uttar Pradesh, Uttarakhand and beyond.
Marriage Registration
Indian and Nepali couples register their marriage for property, banking and visa purposes.
Succession Certificate
Heirs in Nepal claim bank deposits and shares left by relatives who died in India.
Money Recovery from India
Nepali traders and suppliers recover unpaid dues and dishonoured cheques from Indian parties.
Commercial Contracts
Supply, distribution and project contracts between Nepali and Indian businesses.
Property, the 1950 treaty and FEMA
The India and Nepal Treaty of Peace and Friendship 1950 promises reciprocal treatment for each country's citizens in matters of residence, property and trade. In practice, however, the FEMA (Non-Debt Instruments) Rules 2019 still require a Nepali citizen living outside India to obtain prior RBI permission before acquiring or transferring immovable property in India, other than a lease of up to five years. Nepali citizens living in India may be treated differently depending on their residence, so each case needs checking.
Indian citizens working or living in Nepal for long periods may become non-residents for FEMA and tax purposes, which affects their bank accounts and how Indian property income is taxed. We advise on the change of status and on converting accounts where needed.
The India and Nepal tax treaty and moving money
India and Nepal signed a revised double taxation avoidance agreement in 2011. Nepali tax residents can claim treaty benefits on Indian income with a tax residence certificate and Form 10F. Indian rental income and capital gains are generally taxed in India. Money can be sent from India to Nepal through banks and through the Indo-Nepal Remittance Facility, subject to limits, and remittances arising from the sale of Indian property must follow FEMA.
Nepali judgments, marriages and family matters
Nepal has not, as far as we know, been notified as a reciprocating territory under section 44A of the Code of Civil Procedure, so a Nepali money judgment can only found a fresh suit in India, subject to section 13. Nepal is a party to the New York Convention, so arbitration clauses are useful for trade contracts. Cross-border marriages are recognised in India if valid where performed; where a couple will live in India we advise on registration under the Hindu Marriage Act or the Special Marriage Act. Indian divorce and maintenance proceedings can be brought where the parties last lived together in India, and Nepali decrees are tested under section 13 before they are relied on.
All services for clients in Nepal
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 Nepal
The Embassy in Kathmandu and the Consulate General in Birgunj provide passport, consular and attestation services for Indian nationals in Nepal.
- Embassy of India, Kathmandu
- Consulate General of India, Birgunj
Frequently asked questions
Does Nepal issue apostilles for documents going to India?
As far as we know Nepal is not a party to the Apostille Convention, so documents are attested by the Ministry of Foreign Affairs and the Indian mission.
Can a Nepali citizen buy land in India because of the 1950 treaty?
The treaty promises reciprocal treatment, but FEMA still requires a Nepali citizen living outside India to obtain RBI permission before acquiring immovable property.
Is it easier to sign documents in India?
Often yes. Because travel is easy, signing before an Indian notary or sub-registrar avoids the Nepali legalisation chain.
Can a Nepali court judgment be enforced in India?
Not directly, as far as we know. A fresh suit is filed in India, in which the Nepali judgment may be relied on subject to section 13 CPC.
Is a marriage performed in Nepal valid in India?
Yes, if valid under Nepali law and both parties had capacity. For Indian records it can be registered or the certificate attested and translated.
Can my Nepali relative inherit my property in India?
Inheritance is recognised, but transferring the property into the name of a Nepali citizen living outside India may need RBI permission.
Is there a tax treaty between India and Nepal?
Yes, the revised treaty of 2011, which can reduce tax on some cross-border income.
How do we communicate?
By video call, email and WhatsApp, or in person in Mohali. Nepal is only 15 minutes ahead of India.