NRI Real Estate Lawyer in India for NRIs in Australia – Sydney, Melbourne & Perth

Yes. NRIs in Australia whether in Sydney, Melbourne, Brisbane, Perth, or Adelaide can sell Indian property entirely through a Power of Attorney. VIVS Legal handles agreement drafting, stamp duty, sub-registrar registration, FEMA compliance, and repatriation of proceeds to your Australian bank account. The PoA can be executed at Indian High Commission Canberra or Consulates in Sydney/Melbourne, or via Australian JP/Notary plus DFAT Apostille. No Australia-to-India travel is required at any stage of the transaction.

The India-Australia Double Taxation Avoidance Agreement prevents double taxation on the same capital gain. Capital gains tax paid in India on your Indian property sale can be credited against your ATO (Australian Tax Office) tax liability on the same gain. For the credit to work, the Indian capital gains tax must be correctly computed and paid, the transaction must route through your NRO bank account, and the documentation must be in a form the ATO accepts. VIVS Legal advises on the India-side structuring and provides the ATO-ready documentation package for your Australian accountant as a standard part of every property sale we handle for Australian NRIs.

Two routes are available. Route 1 (preferred): Execute at Indian High Commission Canberra, or Indian Consulates in Sydney or Melbourne directly valid in all Indian courts and sub-registrar offices. Route 2: Sign before an Australian Justice of the Peace (JP) available widely across NSW, Victoria, Queensland, WA, and SA or a Notary Public, and then apostille via Australian DFAT (Department of Foreign Affairs and Trade). Both produce a PoA fully valid across all Indian states. VIVS Legal provides the PoA draft tailored to your specific property matter and guides you through both routes.

OCI cardholders in Australia inherit and can sell Indian property on the same basis as NRIs. To sell inherited Indian property, you first need to establish clear title in your name which typically requires a succession certificate from the relevant district court, or a legal heirship certificate from the revenue authority, plus a relinquishment deed or gift deed from any other co-heirs. Once title is confirmed in your name, the property can be sold via PoA. VIVS Legal handles the complete succession-to-sale process from succession documents through to final registration and FEMA-compliant repatriation to your Australian bank account.

Yes. Australia-based NRIs can file RERA complaints through an authorised PoA holder. VIVS Legal handles RERA matters before Maharashtra RERA (MahaRERA), Karnataka RERA, UP RERA, and other state real estate authorities for Australian NRI clients pursuing full refund with statutory interest at 10.75% per annum and compensation for delay. RERA online portals allow remote filing and the entire process filings, hearings, and enforcement is managed from our Navi Mumbai office without any Australia-to-India travel.

Encroachment of NRI-owned property is one of the most frequently reported issues for Australian NRIs with Indian property the owner’s absence makes the land a soft target. Legal options include a civil suit for possession before the District Court or City Civil Court, an application before the Revenue Authority for agricultural/revenue land matters, or an FIR for trespass in cases of active criminal encroachment. VIVS Legal moves immediately on instruction filing urgent possession applications via PoA. Early action is critical delay allows encroachers to construct on the land, which significantly complicates and delays recovery.

NRIs in Australia can repatriate up to USD 1 million per financial year from Indian property sale proceeds for up to two residential properties subject to payment of capital gains tax in India and compliance with FEMA repatriation formalities. The proceeds must first be credited to your NRO bank account. You then file Form 15CA online and obtain Form 15CB certification from a Chartered Accountant in India. Your Indian bank then processes the outward remittance request, and the funds arrive in your Australian account in AUD equivalent. VIVS Legal coordinates the full repatriation process including your Indian bank and CA ensuring the funds arrive cleanly and compliantly.

Yes. NRIs and OCI cardholders in Australia can freely purchase any number of residential and commercial properties in India without RBI permission provided the purchase is funded through NRE or NRO account inward remittances. Agricultural land, farmhouses, and plantation properties require prior RBI approval and cannot be purchased freely. VIVS Legal handles the complete purchase process title search and due diligence, agreement of sale, stamp duty, registration, and FEMA compliance entirely via PoA with no Australia travel required. See also: NRI Real Estate Legal Services.