As far as we know Sri Lanka is not a party to the Apostille Convention, so documents are notarised in Sri Lanka, attested by the Consular Affairs Division of the Ministry of Foreign Affairs in Colombo and then by the Indian High Commission or a Consulate. Sri Lankan citizens need RBI permission to buy or transfer immovable property in India. Sri Lanka is not a reciprocating territory, and India and Sri Lanka have a tax treaty.
- Document route
- Sri Lankan notary, Ministry of Foreign Affairs attestation, then Indian mission attestation
- Time difference
- IST and Sri Lanka time are the same 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 Sri Lanka and Sri Lankan business with India
The Indian community in Sri Lanka ranges from old trading families in Colombo's Pettah to engineers, bankers, hotel managers and garment specialists posted by Indian companies. Many Sri Lankan Tamil families have relatives and property in Tamil Nadu, and Sri Lankan citizens of Indian origin often still hold land or deposits in India. Sri Lankan apparel, tea, rubber and food businesses buy from and sell to Indian partners, and a growing number set up Indian subsidiaries or sales offices.
We help with powers of attorney for property and banking, buying and selling Indian property, commercial contracts, company setup, registration of marriages between Indian and Sri Lankan partners, and recovering money owed by Indian buyers.
Signing documents in Sri Lanka for use in India
Sri Lanka 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 in Sri Lanka, who is an attorney-at-law with a notarial warrant, with your passport or national identity card.
- Have the notarised document authenticated by the Consular Affairs Division of the Ministry of Foreign Affairs in Colombo, or its regional office where available.
- Have it attested by the High Commission of India in Colombo, the Assistant High Commission in Kandy or the Consulates General in Jaffna and Hambantota, then courier it to India and stamp it within three months.
Indian citizens can usually sign directly before the Indian consular officer instead. Documents in Sinhala or Tamil need a certified English translation for most Indian offices, although Tamil documents are sometimes accepted in Tamil Nadu with a translation on request.
Most requested services from Sri Lanka
These six services cover most of what people and businesses in Sri Lanka need from an Indian lawyer. Each page explains the route from Sri Lanka, including notarisation, Ministry authentication and Indian mission attestation, and what then happens in India.
Power of Attorney
A power attested by the Sri Lankan Ministry and the Indian mission lets a relative in India act for you.
Buying & Selling Property
Indians in Colombo sell or buy Indian homes; Sri Lankan citizens first need RBI permission.
Commercial Contracts
Apparel, tea, rubber and food businesses need contracts with Indian partners that hold up in India.
Company Setup for Foreigners
Sri Lankan companies open Indian subsidiaries under the automatic route in most sectors.
Marriage Registration
Indian and Sri Lankan couples register their marriage for visas, OCI and property.
Money Recovery from India
Sri Lankan exporters recover unpaid invoices and dishonoured cheques from Indian buyers.
Property rules for Sri Lankan citizens
Under the FEMA (Non-Debt Instruments) Rules 2019, a citizen of Sri Lanka living outside India cannot acquire or transfer immovable property in India, other than a lease of up to five years, without prior RBI permission. This applies to purchases, sales and gifts, and can affect the transfer of inherited land. Indian citizens working in Sri Lanka are NRIs and can buy and sell Indian property, other than agricultural land and farmhouses, without permission. Sri Lankan citizens of Indian origin who hold OCI cards are generally treated like NRIs for property.
The India and Sri Lanka tax treaty and moving money
India and Sri Lanka signed a revised double taxation avoidance agreement in 2013. Sri Lankan tax residents can claim treaty rates on some Indian dividends, interest and royalties with a tax residence certificate and Form 10F. Rent and capital gains on Indian property are generally taxed in India, with tax deducted by the buyer or tenant. NRIs can repatriate up to USD 1 million per financial year from an NRO account after tax, with Forms 15CA and 15CB, and NRE balances are freely repatriable.
Sri Lankan judgments, contracts and family matters
Sri Lanka has not been notified as a reciprocating territory under section 44A of the Code of Civil Procedure, so a Sri Lankan money judgment can only found a fresh suit in India, subject to section 13. Sri Lanka is a party to the New York Convention, so for trade contracts an arbitration clause is usually the better choice. Marriages between Indian and Sri Lankan partners are recognised in India if valid where performed; where the couple needs an Indian record we advise on registration under the Special Marriage Act or the applicable personal law, and on OCI for the Sri Lankan spouse after two years of marriage.
All services for clients in Sri Lanka
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 Sri Lanka
The High Commission in Colombo, the Assistant High Commission in Kandy and the Consulates General in Jaffna and Hambantota provide passport, OCI and attestation services.
- High Commission of India, Colombo
- Assistant High Commission of India, Kandy
- Consulate General of India, Jaffna
- Consulate General of India, Hambantota
Frequently asked questions
Does Sri Lanka issue apostilles for documents going to India?
As far as we know Sri Lanka is not a party to the Apostille Convention, so documents are authenticated by the Ministry of Foreign Affairs and attested by the Indian mission.
Can a Sri Lankan citizen buy a flat in India?
Only with prior RBI permission, because Sri Lanka is one of the countries whose citizens need permission to acquire immovable property in India.
I am an Indian citizen working in Colombo. Can I sell my flat in Chennai?
Yes. As an NRI you can sell residential property freely; the buyer deducts tax at source and you can repatriate within the limits.
Can a Sri Lankan court judgment be enforced in India?
Not directly. Sri Lanka is not a reciprocating territory, so a fresh suit is needed in India.
Can my Sri Lankan spouse get an OCI card?
Usually yes, once the marriage has been registered and has lasted at least two years, subject to security clearance.
Do Sinhala or Tamil documents need translation?
Most Indian offices want a certified English translation. Some Tamil Nadu offices accept Tamil with a translation on request.
Can a Sri Lankan company own 100 percent of an Indian subsidiary?
In most sectors yes, under the automatic route, subject to sectoral caps and reporting to the RBI.
How do we communicate?
Mostly by WhatsApp and email, with video calls for advice. Sri Lanka is on the same time as India, so scheduling is easy.