From Spain, most Indian legal work can be done remotely. A power of attorney or declaration is executed before a Spanish notario, and the Colegio Notarial issues an apostille on the notarial copy, which India accepts. Court and civil registry documents are apostilled by the Tribunal Superior de Justicia or the Ministry of Justice. The original is couriered to India, stamped where needed and used by your lawyer or attorney holder.
- Document route
- Notario, then apostille from the Colegio Notarial
- Time difference
- India is 3.5 to 4.5 hours ahead of mainland Spain; 4.5 to 5.5 hours ahead of the Canaries
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- In force
Who we help in Spain, and with what
Spain's Indian community is older than many people expect. Sindhi trading families settled in the Canary Islands, Ceuta and Melilla in the twentieth century and run retail and import businesses in Las Palmas, Santa Cruz de Tenerife and beyond, often with family property in Mumbai, Pune, Gujarat or Rajasthan. Punjabi communities have grown in Catalonia, Valencia and elsewhere, and Indian IT professionals and students are increasingly present in Madrid and Barcelona. Spanish companies work with India in infrastructure, renewable energy, engineering, textiles and fashion sourcing.
Our Spanish clients therefore need two kinds of help. Families need powers of attorney, protection of property in India, marriage registration and document work. Businesses need contracts with Indian suppliers and partners and, sometimes, an Indian company of their own.
How documents are signed and legalised in Spain
The Apostille Convention is in force between Spain and India. Spanish notaries do not simply witness a signature: the notario drafts or reviews a public deed (escritura), keeps the original in the protocol and issues an authorised copy (copia autorizada). It is that authorised copy that receives the apostille, issued for notarial documents by the Colegio Notarial of the region, often electronically.
Judicial and civil registry documents, such as a Spanish birth or marriage certificate, are apostilled by the Tribunal Superior de Justicia of the region or the Ministry of Justice. Indian offices need English, so ask the notario for a bilingual Spanish and English deed with English prevailing. Indian documents going to Spain need an apostille from India's Ministry of External Affairs and a sworn translation by a Spanish traductor jurado. See apostille and attestation.
Most requested services from Spain
These six services cover most of what clients in Spain ask us for, from family property and marriages to Spanish businesses contracting with India.
Power of Attorney
Families in Spain need a notarial power of attorney so a relative in India can manage property, banks and cases.
Encroachment & Illegal Possession
Flats and shops in India left with tenants or relatives are sometimes not returned when the family in Spain asks.
Marriage Registration
Spanish residence and family reunification depend on a registered, apostilled and translated Indian marriage certificate.
Commercial Contracts
Spanish buyers and suppliers need Indian-law contracts with dispute clauses that work against Indian counterparties.
Company Setup for Foreigners
Spanish nationals and residents starting a business in India need a company or LLP with a resident director or partner.
Apostille & Attestation
Documents move in both directions between Spain and India, each with its own apostille and translation rules.
Tax treaty and money flows between Spain and India
India and Spain have a double taxation avoidance agreement. Spanish residents with rent from an Indian flat, NRO interest or gains on selling Indian property pay Indian tax on that income, usually by deduction at source, and claim relief in Spain. Treaty benefits in India need a Spanish tax residence certificate (certificado de residencia fiscal) and Form 10F.
Spain has strict rules on reporting foreign assets, so Indian property and accounts above the Spanish thresholds may need disclosure there; your Spanish asesor fiscal will confirm. On the Indian side, money is repatriated from an NRO account up to USD 1 million per financial year with Form 15CA and 15CB. Spanish companies paying or receiving royalties and service fees should check withholding rates under the treaty before signing.
Family law and Spanish court orders in India
Spain is not a reciprocating territory under section 44A of the Code of Civil Procedure. A Spanish court judgment cannot be executed directly in India; it supports a fresh suit, and the Indian court applies section 13. For trade with India, Spanish companies are better protected by arbitration seated in a New York Convention country that India has notified, such as Singapore. Our commercial contracts page explains the drafting.
Spanish law permits divorce without stating fault, and a divorce before a notario is possible for childless couples by agreement. Indian courts recognise a foreign divorce for a couple married in India only on a ground available under the law of the marriage and with the other spouse's participation or consent, so Sindhi and Punjabi families married under the Hindu Marriage Act should take advice before relying on a Spanish decree for Indian purposes. India is not a party to the Hague Child Abduction Convention.
Practical points for clients in Spain
Mainland Spain, Ceuta and Melilla follow Central European Time, so India is three and a half hours ahead in summer and four and a half in winter. The Canary Islands are an hour behind the mainland, putting India four and a half to five and a half hours ahead. Spanish working days often run late, and we schedule calls to suit, with written updates after every hearing or filing.
Courier the apostilled authorised copy to India by a tracked service, and keep the electronic apostille verification code if one was issued. Many Indian courts now accept video evidence, and most document and company work in India is filed online, so travel is usually needed only for marriage registration or a contested hearing.
Before any visit to India, check whether a case, complaint or Look Out Circular is pending against you or a family member, particularly where a marriage or business relationship has broken down. Sindhi and Punjabi families with joint property in India should also keep copies of title deeds, share certificates, tax receipts and wills in Spain, because originals left with relatives are the documents most often withheld when a dispute starts. A short annual review of Indian property records, done by an attorney holder, prevents many of the problems described above.
All services for clients in Spain
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 Spain
Passport, OCI and document services for residents of Spain are provided through the Embassy of India in Madrid.
- Embassy of India, Madrid
Frequently asked questions
Who issues an apostille on a Spanish power of attorney?
The Colegio Notarial of the region where the notario practises issues the apostille on the authorised copy of the deed. India accepts it without Embassy attestation.
Can my Spanish notario prepare the power of attorney in English?
Many notaries in Madrid, Barcelona and the Canary Islands prepare bilingual deeds. We send an English draft so the notario can produce a bilingual escritura.
Is a Spanish judgment enforceable in India?
Not directly. Spain is not a reciprocating territory, so you must file a fresh suit in India relying on the judgment or the original claim.
Does an Indian marriage certificate need translation in Spain?
Yes. Spanish authorities generally require an MEA apostille and a sworn translation into Spanish by a traductor jurado.
Can I recover my flat in Mumbai while living in Tenerife?
Yes. Your attorney holder and lawyer can serve notice and start eviction or possession proceedings, and your evidence can often be given by video link.
Does India's tax treaty with Spain apply to my Indian rental income?
Yes. India taxes the rent and Spain gives relief under the treaty. A Spanish tax residence certificate and Form 10F are needed to claim treaty benefits in India.
Can a Spanish citizen own shares in an Indian company?
Yes. Foreign nationals can own Indian companies and LLPs under the automatic route in most sectors, subject to FEMA reporting and a resident director or designated partner.
Does ProudLegal have an office in Spain?
No. We work from Mohali in India and serve clients in Spain remotely by video call, WhatsApp and email, at times that suit Spanish working days.