NRI Real Estate Lawyer in India for NRIs in Canada-Toronto, Vancouver & Beyond

Yes. NRIs in Canada can sell Indian property entirely through a Power of Attorney executed at Indian High Commission Ottawa, Indian Consulates in Toronto or Vancouver, or via Canadian Notary plus Global Affairs Canada Apostille. VIVS Legal handles agreement drafting, stamp duty computation, sub-registrar appointment, registration, and FEMA-compliant repatriation of proceeds to your Canadian bank account. No Canada-to-India travel is required at any stage of the transaction.

The India-Canada Double Taxation Avoidance Agreement prevents the same capital gain from being taxed fully in both India and Canada. Capital gains tax paid in India on your Indian property sale can be claimed as a foreign tax credit against your CRA tax obligation on the same gain. However, the credit only works if the Indian tax is paid correctly, the transaction is documented properly, and the CRA claim is filed with the right supporting evidence. VIVS Legal advises on the Indian side and provides documentation for your Canadian accountant’s CRA foreign tax credit filing as a standard part of every Canada NRI property sale we handle.

Joint ancestral Punjab land is one of the most common Indian property matters for NRIs in Canada particularly for families from Brampton, Surrey, and Calgary with roots in Jalandhar, Amritsar, Ludhiana, Hoshiarpur, and other Punjab districts. The typical process involves: (1) Succession certificate or legal heirship declaration to establish all heirs’ shares. (2) Negotiation and drafting of a family partition deed or family settlement agreement between all co-sharers. (3) Registration before the Punjab sub-registrar and mutation in the revenue records. (4) Sale of the partitioned share via PoA if required. VIVS Legal handles the entire process remotely via PoA including coordinating with heirs in both Canada and India simultaneously.

NRIs in Canada can repatriate up to USD 1 million per financial year from the sale of up to two residential Indian properties subject to payment of capital gains tax in India and compliance with FEMA formalities. The proceeds must first go into your NRO account in India. You then file Form 15CA online and obtain Form 15CB certification from a Chartered Accountant. Once the bank processes the repatriation request, the funds transfer to your Canadian bank account in CAD equivalent. VIVS Legal coordinates the entire FEMA repatriation process including working with your Indian bank and CA so the funds arrive cleanly and compliantly.

Yes. Canada-based NRIs can file RERA complaints through an authorised Power of Attorney holder. VIVS Legal files and pursues RERA matters before Maharashtra RERA (MahaRERA), UP RERA, Karnataka RERA, Haryana RERA, and other state authorities on behalf of Canada NRI clients pursuing full refund with statutory interest at 10.75% per annum, and compensation for delay. All RERA filings, hearing appearances, and enforcement proceedings are managed remotely from our Navi Mumbai office no Canada-to-India travel required.

Encroachment of NRI-owned Indian property is unfortunately common  the owner’s absence makes the property a soft target. Legal remedies include: (1) A civil suit for possession before the City Civil Court or District Court. (2) An application before the Revenue Authority for agricultural or revenue land encroachment. (3) An FIR for trespass in cases of ongoing criminal encroachment. VIVS Legal moves immediately on instruction filing urgent applications via PoA and pursuing recovery. Early action is essential delay allows encroachers to construct on the land, which significantly complicates recovery.

Yes. NRIs and OCI cardholders in Canada can freely purchase any number of residential and commercial properties in India without requiring RBI permission. The purchase must be funded through NRE or NRO account inward remittances not by cash or foreign currency brought into India directly. Agricultural land, farmhouses, and plantation properties require prior RBI approval. VIVS Legal handles the complete purchase process via PoA  title search, agreement of sale, stamp duty, registration, and FEMA compliance. See also: NRI Real Estate Legal Services.

OCI cardholders in Canada inherit and can sell Indian property on exactly the same basis as NRIs. To establish clear title in your name, you typically need a succession certificate (for movable assets) or a legal heirship certificate from the relevant court or revenue authority, followed by a registered transfer deed or relinquishment deed from any other co-heirs. Once title is clearly in your name, the property can be sold via PoA. VIVS Legal handles the entire succession-to-sale process  from legal heirship documentation through to final registration and FEMA-compliant repatriation of proceeds to your Canadian bank account.