A non-resident Indian can instruct an advocate in Mumbai by video or phone and, for most steps, appoint a representative by a power of attorney executed abroad before an Indian consulate or a notary with an apostille. Matters include divorce, sale or purchase of property, succession and recovery. A court may require the party to attend personally for some steps, such as recording a statement in a mutual consent divorce, but it can allow this by video.
NRI matters often involve two countries. A divorce decree from a foreign court is not automatically valid in India. A sale of property by a non-resident involves tax at source and rules on remittance. A power of attorney made abroad has to be authenticated and stamped before it is used in India.
The work is planned around the client's location and time zone, with a document checklist, a power of attorney for the matter and regular reports on each hearing date.
NRI divorce: where the petition can be filed
A petition under the Hindu Marriage Act, 1955 can be filed in an Indian court when a ground in section 19 links the marriage to that court, such as where the marriage was solemnised. A petition under the Special Marriage Act, 1954 follows section 31 of that Act. The place of filing is decided before the petition is drafted.
Mutual consent and contested petitions
Section 13B of the Hindu Marriage Act, 1955 sets a waiting period between the two motions, which the Supreme Court has allowed a court to waive in suitable cases in Amardeep Singh v. Harveen Kaur. The statement of each party is personal. A court can allow it to be recorded by video, or exempt a party from appearing in some steps. Contested petitions, and claims for maintenance and custody, run alongside as the case requires.
A divorce decree obtained abroad
A decree granted by a foreign court is not automatically valid in India. Section 13 of the Code of Civil Procedure, 1908 and the conditions in Y. Narasimha Rao v. Y. Venkata Lakshmi decide when an Indian court recognises it. The jurisdiction of the foreign court and the ground of the decree matter. Where recognition is in doubt, a declaration can be sought in an Indian court.
Property: buying, selling and holding
A non-resident Indian can buy residential and commercial property in India. Agricultural land, a plantation property or a farm house cannot be bought. Points to note are:
- A transfer of title needs a registered deed, as the Supreme Court said in Suraj Lamp & Industries v. State of Haryana, and a power of attorney sale does not by itself pass title
- A buyer deducts tax at source on a sale by a non-resident under section 195 of the Income-tax Act, 1961 and the corresponding provisions of the Income-tax Act, 2025, which applies from 1 April 2026. The rate depends on the gain and the holding period, and a lower deduction certificate can be sought
- Remittance of sale proceeds abroad is subject to the annual limit under the Foreign Exchange Management Act, 1999 and its rules, and the current limit and conditions should be checked
A power of attorney executed outside India
A power of attorney allows a representative in India to act. For one signed abroad:
- It is signed before an Indian consulate or before a notary, with an apostille where the country is a party to the Hague Apostille Convention
- It is authenticated for use in India as section 33 of the Registration Act, 1908 provides, where it is used for registration
- It is stamped within three months of its receipt in Maharashtra under the Maharashtra Stamp Act, 1958
- It is registered where the transaction needs it
Succession, wills and society records
Probate or letters of administration is required for certain wills of persons in the Presidency towns, including Bombay, under the Indian Succession Act, 1925. A nomination in a co-operative housing society does not by itself transfer ownership. Succession of property in Mumbai for a non-resident follows the personal law of the deceased and the records of the society and the authorities.
Recovery and cheque bounce from abroad
A person who lives abroad can recover money in India through a civil suit, or file a complaint under section 138 of the Negotiable Instruments Act, 1881 for a cheque that was returned unpaid. The time limits for the notice, the 15 days and the complaint must be met strictly, and they can be handled through the representative.
How a matter is run
- ConsultationA consultation is held by video or phone, and the facts and the aim are understood.
- Document checklistA list of the documents, identity papers and translations needed is given.
- Power of attorneyA power of attorney for the matter is prepared, executed abroad, authenticated and stamped.
- Conduct and reportsThe matter is conducted from Mumbai, and a report is sent after each date.
Laws and forums
Laws that usually apply
- Hindu Marriage Act, 1955, sections 13, 13B and 19
- Special Marriage Act, 1954, section 31
- Bharatiya Nagarik Suraksha Sanhita, 2023, section 144
- Guardians and Wards Act, 1890
- Protection of Women from Domestic Violence Act, 2005
- Code of Civil Procedure, 1908, section 13
- Foreign Exchange Management Act, 1999
- Income-tax Act, 1961, section 195, and the Income-tax Act, 2025
- Registration Act, 1908, section 33
- Maharashtra Stamp Act, 1958
- Indian Succession Act, 1925
- Negotiable Instruments Act, 1881, section 138
Courts and forums
- Family Court
- Civil courts and the Bombay High Court
- Sub-Registrar offices
- Metropolitan Magistrate courts
Related guides
Frequently asked questions
Can I file for divorce in India while living abroad?
Yes, if the court in India has jurisdiction under the law that governs the marriage. Under the Hindu Marriage Act, 1955, section 19 lists the courts, such as the court where the marriage was solemnised. The petition can be filed through an advocate and a power of attorney, but the court may require the party to give evidence or a statement.
Is a divorce decree from a foreign court valid in India?
Not automatically. An Indian court looks at section 13 of the Code of Civil Procedure, 1908 and the conditions in Y. Narasimha Rao v. Y. Venkata Lakshmi, including whether the foreign court had jurisdiction and whether the decree is on a ground the Indian law recognises.
Do both spouses have to come to India for a mutual consent divorce?
Each party's statement is personal. The court can allow it to be recorded by video and can exempt a party from appearing at a step. The court decides, and an application is made for this.
How long does a mutual consent divorce take?
Section 13B provides for a waiting period between the two motions, and the Supreme Court has allowed courts to waive it in suitable cases. The time in practice depends on the court and on whether the parties are present.
Can I sell my flat in Mumbai without coming to India?
Often yes, by a power of attorney executed abroad, authenticated and stamped, with the sale deed signed by the representative and registered in India. Tax at source and the documents of the society are dealt with in the same way as in any sale.
What tax is deducted when someone buys property from an NRI?
The buyer deducts tax at source under section 195 of the Income-tax Act, 1961 and the corresponding provision of the Income-tax Act, 2025. The rate depends on the gain and the holding period, so the current rate should be checked, and a certificate for a lower deduction can be applied for.
Can an NRI buy agricultural land in India?
No. A non-resident Indian cannot buy agricultural land, a plantation property or a farm house in India under the foreign exchange rules, though such property can be inherited.
How much can be sent abroad after selling property in India?
The sale proceeds can be remitted subject to the annual limit under the foreign exchange rules, which is USD 1 million per financial year at present, and to tax compliance. The limit and the conditions are subject to change and should be checked before a remittance.
Is probate required for a will covering property in Mumbai?
In many cases, yes. The Indian Succession Act, 1925 requires probate or letters of administration for wills of persons in the Presidency towns, including Bombay, as far as the Act provides. The need depends on the facts and the property.
Related practice areas
General information only. This page is for information. It is not legal advice, an advertisement or a solicitation, and it makes no claim about results. The law changes, and the position in a case depends on its facts. A professional relationship begins only when the advocate agrees to act in a matter.