Inheriting an Estate in India From Australia

Inheriting in India from Australia usually means giving a relative or lawyer in India a power of attorney. How you sign depends on your passport: Indian nationals have their signature witnessed by a JP or notary, then attested by the Indian mission; Australian citizens sign before a notary and obtain a DFAT apostille. In NSW, use a notary.

Key takeaways

• Most heirs in Australia act in India through a power of attorney to someone there, rather than travelling for each step.
• The Indian missions' attestation service, run through the India Passport and Visa Services Centres, attests powers of attorney, civil and property documents.
• Indian passport holders: signature witnessed by a JP or notary, then attested by the High Commission or consulate. NSW residents must use a notary public only.
• Foreign nationals, including Australian citizens: the signature must be apostilled by DFAT first; mission attestation is then optional.
• Australian documents such as a death certificate or grant of probate used in India take a DFAT apostille. India is a member of the Apostille Convention.

Why do you need a power of attorney?

An inheritance in India can involve several offices: banks releasing deposits, housing societies transferring flats, land records offices changing names, and sometimes a court issuing a succession certificate or a revenue authority issuing a legal heir certificate, depending on the asset and the state. Each has its own forms and usually wants the heir, or someone authorised by the heir, in person. For an heir in Australia, a power of attorney to a trusted relative or an Indian lawyer is the practical way through. Ask your Indian lawyer which certificates the estate needs, and check with each receiving authority in India what it will accept, then draft the power of attorney to cover them.

Which route applies to your passport?

The document attestation checklist used for the High Commission of India and its consulates in Australia draws a clear line between Indian nationals and foreign nationals:

You hold	Step one	Step two
A valid Indian passport	Signature witnessed by a JP or notary; in NSW, a notary only	Attestation by the High Commission or consulate
A foreign passport, including an Australian one or an OCI card holder's	Signature before a notary, then apostilled by DFAT	Optional mission attestation, with an undertaking letter

The checklist says the attestation of signature service is given to Indian nationals holding a valid Indian passport only. For foreign nationals, including Australian citizens, the signature should be apostilled by DFAT before submission. Because India belongs to the Apostille Convention, the apostille is normally all an Indian authority needs; the checklist allows an additional mission attestation for foreign nationals only with an undertaking that the applicant knows about the Apostille Convention and still wants it.

The Indian-passport route in detail

For an Indian national, the checklist sets out what to lodge for attestation of a power of attorney:

1. The Miscellaneous Services application form, filled in and signed.
2. Your original Indian passport, and a copy attested by a JP or notary; in NSW, by a notary.
3. The power of attorney, signed before a JP or notary; in NSW, a notary public only.
4. Under your signature, your full name and passport number, matching your current Indian passport.
5. A covering letter explaining the document you want attested.
6. One recent 2 x 2 inch photograph to the specifications.

The checklist adds two practical points: if more than one person is giving a power of attorney, each submits a separate application; and the document must run on continuously, with about 7 to 10 cm of blank space at the end for the mission's signature and stamp. Applications go through the India Passport and Visa Services Centre, in person by appointment or by post or courier. We do not quote the fees.

The foreign-passport route in detail

If you are an Australian citizen, including one who holds an OCI card, the checklist says your signature should be apostilled by DFAT. DFAT cannot apostille a private signature on its own, so in practice you sign before an Australian notary public, who certifies your signature, and DFAT then apostilles the notary's certificate. The checklist itself notes that DFAT sometimes requires documents to be notarised before it will stamp them.

With the apostille attached, the power of attorney is ready for India, which is a member of the Hague Apostille Convention; check the HCCH status table on the day. An apostille is DFAT's authentication of the notary's signature and seal, not of the contents. You do not need the Indian mission as well, unless the recipient in India insists; if so, the mission will attest it only with your undertaking letter. Our guides to apostilles for India and notarising Indian documents explain both steps.

Why does NSW need a notary?

The checklist repeats the same note several times: NSW residents should submit documents attested by a notary public only, and it links to the list of NSW notaries. That reflects NSW Communities and Justice's position that NSW JPs are not authorised to witness documents for use overseas. So a Sydney-based Indian national who would elsewhere use a JP should use a notary for both the power of attorney and the passport copy. Our guide on JPs and notaries in NSW explains the rule.

Which Australian documents will India need?

An Indian bank, society or court will usually want proof of the death and of your relationship to the deceased. If the death happened in Australia, that means the Australian death certificate, and often birth or marriage certificates linking you to the deceased, or an Australian grant of probate and will. Each is an Australian public document, so DFAT apostilles it directly; the checklist says documents not issued by Indian authorities should carry a DFAT apostille before the mission attests them. English documents need no translation for most Indian offices.

Indian documents are different. The checklist says Indian education documents must first be attested in India by the Ministry of External Affairs; for family documents issued in India, such as a legal heir certificate, follow the Indian lawyer's instructions, as they are used inside India.

What happens after the power of attorney arrives?

A power of attorney signed outside India usually has to be stamped in India after it arrives, under the relevant state's stamp law, and there is a time limit for doing so. Your attorney or Indian lawyer handles this, but post the original promptly and by a tracked service so it arrives in time. For property, the attorney will then deal with the local registration office, which may also want to see your identity documents.

Bank accounts, nominees and claim forms

Bank deposits are often the first asset heirs deal with. Where an Indian account had a nominee, the bank generally pays the nominee, who receives the money for the legal heirs rather than as the sole owner. Where there was no nominee, the bank has its own claim procedure, which may ask for claim forms signed by all the heirs, an indemnity, and sometimes a succession certificate for larger amounts. Ask the bank for its forms before you sign anything in Australia, and follow the same route as the power of attorney: JP or notary for Indian nationals, notary and apostille for Australian citizens.

Bringing the money to Australia

Inherited money can usually be moved out of India, but it runs through Indian foreign exchange and tax rules. Banks typically want documents showing the inheritance, and a tax certificate from a chartered accountant, before they remit funds abroad. Ask your Indian bank and a chartered accountant in India what they need, and an Australian tax adviser how the inheritance and any income from it are treated here. A notary can certify copies of your identity documents for the bank, but cannot advise on tax.

An illustration

This is an illustration, not a real case. Two sisters inherit their late father's flat in Pune. One lives in Brisbane and holds an Indian passport; the other lives in Sydney and is an Australian citizen. Their lawyer in Pune sends a power of attorney for their cousin. The Brisbane sister signs before a JP and lodges it for attestation by the Indian consulate, leaving blank space at the end. The Sydney sister signs before a notary, obtains a DFAT apostille, and posts it straight to Pune.

Common mistakes to avoid

• Using a JP in NSW, when the checklist asks for a notary.
• An Australian citizen asking the mission to attest a signature, a service given only to Indian passport holders.
• Leaving no blank space at the end of the document for the mission's stamp.
• A signature block without your full name and Indian passport number.
• One application for several signatories, when each needs their own.
• Posting the original late, so it misses the stamping deadline in India.

In short

Inheriting in India from Australia usually runs through a power of attorney to someone in India. Indian passport holders sign before a JP or notary, a notary only in NSW, then have the High Commission or consulate attest it. Australian citizens, including OCI holders, sign before a notary and obtain a DFAT apostille, which India accepts as a Convention member. Australian certificates for the Indian file take an apostille too. See our guide to overseas inheritance documents for the wider picture.

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If your Indian lawyer has sent a power of attorney to sign, send us the draft and your passport details, and we will explain each step before you book.