Pakistan joined the Hague Apostille Convention in 2023, but consular services between the two countries are reduced, so we confirm the route for each document before you sign. Pakistani citizens cannot buy or transfer immovable property in India without prior RBI permission, and property of people who moved to Pakistan may have vested in the Custodian of Enemy Property. Pakistan is not a reciprocating territory, and there is no comprehensive India and Pakistan tax treaty.
- Document route
- Pakistani notary and apostille, or Indian High Commission attestation where available
- Time difference
- IST is 30 minutes ahead of Pakistan all year
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- Pakistan joined in 2023; acceptance checked case by case
Who we help in Pakistan
Most of our Pakistan matters come from families whose story crosses the border. Some are Indian citizens who married into Pakistani families and live in Karachi or Lahore but still own a flat in Delhi or land in Punjab. Some are Pakistani Hindu and Sikh families from Sindh and Punjab whose relatives live in Rajasthan, Gujarat, Delhi or Punjab and who expect to inherit from them. Others are Pakistani citizens whose parents left property, deposits or shares in India and who want to know what, if anything, can still be claimed.
These matters are legally sensitive. Indian foreign exchange rules, the Enemy Property Act 1968 and the bar on OCI cards for people with a Pakistani background all shape what is possible. We start by telling you honestly whether a claim is realistic, and then handle the succession, partition and property work in India through an attorney holder or our own team.
Signing documents in Pakistan for use in India
Pakistan acceded to the Hague Apostille Convention and it came into force for Pakistan in March 2023. As far as we are aware India has not objected, so an apostille from the Ministry of Foreign Affairs should in principle be accepted in India, but Indian registries and banks still treat Pakistani documents with extra caution. Please check the current position with us before you sign.
- Have the document signed before a notary public in Pakistan with your CNIC or passport, and ideally with your photograph and thumb impression on the document.
- Obtain the apostille from the Ministry of Foreign Affairs, usually through its attestation counters in Islamabad, Karachi, Lahore or Peshawar.
- Courier the original to India, where it must be stamped within three months and, for property, presented to the sub-registrar in the format the office accepts.
Indian citizens living in Pakistan may also be able to sign before the consular officer at the High Commission of India in Islamabad, but its staff and services have been cut back since 2019, so appointments can be limited. Documents in Urdu need a certified English translation.
Most requested services from Pakistan
These six services cover most of what families in Pakistan need from an Indian lawyer. Each page explains the route from Pakistan, the special FEMA rules for Pakistani citizens, and what then happens in India.
Power of Attorney
A specific power, apostilled in Pakistan, lets a trusted relative in India act on property, bank or court work.
Apostille & Attestation
Pakistan has issued apostilles since 2023; we check that each document will be accepted in India.
Succession Certificate
Heirs in Pakistan claim deposits, shares and dues of a relative who died in India, subject to FEMA limits.
Partition of Family Property
Divided families sort out shares in joint property in Punjab, Rajasthan, Gujarat or Delhi.
Property Disputes
Encroachment, forged transfers and disputes over family land, handled in Indian courts.
Wills & Probate
Wills and probate for Indian property where some heirs live in Pakistan.
Property, FEMA and enemy property
Under the FEMA (Non-Debt Instruments) Rules 2019, a citizen of Pakistan who lives outside India cannot acquire or transfer immovable property in India, other than a lease of up to five years, without prior permission from the Reserve Bank of India. This affects purchase, sale and gift, and in practice also complicates inheritance, because the heir may need RBI permission before the property can be registered in their name or sold. Pakistani Hindu, Sikh and other minority families living in India on long-term visas have a separate, limited permission to buy a home and property for self-employment, subject to conditions.
Property left by people who migrated to Pakistan may have been declared enemy property and vested in the Custodian of Enemy Property for India. The 2017 amendments to the Enemy Property Act make it very difficult for heirs to reclaim such property, even where they are Indian citizens. We check the revenue and Custodian records before advising, so that you do not spend money on a claim that cannot succeed.
Tax, bank accounts and moving money
India and Pakistan do not have a comprehensive double taxation avoidance agreement. Both are parties to the limited SAARC multilateral tax agreement, which deals mainly with information exchange and a few categories of income. Rent, interest and capital gains arising in India are taxed in India, and the payer usually deducts tax at source. Remitting money from India to Pakistan is tightly controlled, so any plan to sell and remit needs to be checked with an Indian bank and with us before you sign anything.
Pakistani judgments, marriages and family matters
Pakistan is not a reciprocating territory under section 44A of the Code of Civil Procedure, so a Pakistani decree cannot be executed directly in India and can only found a fresh suit, subject to section 13. Pakistan is a party to the New York Convention, but arbitration between Indian and Pakistani parties is rare. Marriages between Indian and Pakistani nationals are valid where performed, and where the couple will live in India we advise on registration and on the citizenship and long-term visa route for the Pakistani spouse. Divorce and custody decrees from Pakistani courts are examined under section 13 before they are relied on in India.
All services for clients in Pakistan
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 Pakistan
The High Commission of India in Islamabad provides consular services to Indian nationals in Pakistan, but its staff and services have been reduced, so check current availability before planning a visit.
- High Commission of India, Islamabad
Frequently asked questions
Can a Pakistani citizen inherit property in India?
Inheritance itself is recognised, but under FEMA a Pakistani citizen living outside India needs prior RBI permission to acquire or transfer immovable property, and the property may have been treated as enemy property. Each case must be checked on its records.
Will India accept a Pakistani apostille?
Pakistan joined the Apostille Convention in 2023 and India has not, as far as we know, objected. In practice some Indian offices still ask questions, so we confirm acceptance for your document before you sign.
Can I sign a power of attorney at the Indian High Commission in Islamabad?
Indian citizens may be able to, but consular services there are limited. Most clients sign before a Pakistani notary and obtain an apostille instead.
What is enemy property?
Property in India of people who migrated to Pakistan, mainly after 1947, 1965 and 1971, which vested in the Custodian of Enemy Property. Heirs generally cannot reclaim it after the 2017 amendments.
Can a Pakistani spouse of an Indian citizen get an OCI card?
No. OCI is not available to anyone who is or was a citizen of Pakistan or whose parents or grandparents were. Other visa and citizenship routes may apply.
Can a Pakistani court judgment be enforced in India?
Not directly. Pakistan is not a reciprocating territory, so a new suit is needed in India, in which the Pakistani judgment may be relied on subject to section 13 CPC.
Can I send sale money from India to Pakistan?
Remittances to Pakistan are tightly restricted and usually need specific approval. Do not sign a sale until we have checked how the proceeds can lawfully be dealt with.
How do we communicate?
By video call, email and WhatsApp. Pakistan is only half an hour behind India, so the working day overlaps fully.