A Canada-based NRI or OCI holder can buy or sell property in India through a specific power of attorney signed before a Canadian notary or lawyer and apostilled. The attorney holder signs the deed at the sub-registrar in India. On a sale, the buyer deducts tax at source, and proceeds can be repatriated to Canada from your NRO account up to USD 1 million per financial year with Forms 15CA and 15CB.
- Document route
- Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
- Time difference
- IST is 9h30 (Ontario, summer) to 13h30 (British Columbia, winter) ahead
- Rules
- FEMA (Non-Debt Instruments) Rules 2019
- Not allowed to buy
- Agricultural land, plantation, farmhouse
Buying & Selling Property from Canada: how it works
We check title first, then draft a power of attorney limited to the specific property and the acts required. You sign it before a notary or lawyer in your province and obtain the apostille, then courier the original to India, where it must be stamped within three months of arrival. On a purchase, payment must come from your NRE or NRO account or by remittance from Canada. On a sale, we help you apply early for a lower deduction certificate so that the buyer does not withhold more tax than you actually owe.
Registration in India requires the attorney holder's photograph and biometrics at the sub-registrar. We prepare the sale deed, verify the stamp duty and coordinate the day. Afterwards, we deal with mutation for a purchase, or closing formalities and the remittance file for a sale. Remember that Canada taxes residents on worldwide gains, so the Indian sale must also appear on your Canadian return, with a foreign tax credit for Indian tax paid.
What clients in Canada should know
- Canadian residents report foreign property sales on their T1 return; keep the Indian sale deed and tax challans for the CRA.
- Agricultural land in India can be sold by a Canadian OCI holder only to an Indian citizen resident in India.
- Some sub-registrars in Punjab ask to see the original apostilled power of attorney together with proof that it was stamped, so plan for the courier time.
Step by step from Canada
Video consultation
A call at a time that suits Canada, after we have read your documents.
Documents signed in Canada
Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Canada where needed.
The full guide
This page covers what changes when you are in Canada. For the law, the documents and the step-by-step procedure, read our main page on Buying & Selling Property, or see all services for clients in Canada and the NRI Property Law practice area.
Questions from clients in Canada
Can I sell my inherited farmland in Punjab from Canada?
Yes, through a power of attorney, but only to an Indian citizen resident in India. Mutation in your name should be completed first.
How much tax will the buyer deduct?
Buyers deduct at the rates applicable to non-residents, often higher than your final liability. A lower deduction certificate reduces it.
Can sale money go directly to my Canadian bank?
Not directly; it goes to your NRO or NRE account first and is then remitted with the required forms.