Buy Property in India from Canada: Documents, Apostille and a Remote Purchase in the Tricity
Property1313 Team · October 22, 2026 · 8 min read

Many Punjabi families in Brampton, Surrey, Calgary and Winnipeg still want a home in Mohali, Zirakpur or New Chandigarh. If you plan to buy property in India from Canada, one thing has changed recently: Canada joined the Hague Apostille Convention, which takes a step out of the power of attorney process. This guide covers that, the documents Canadian residents are asked for, and how a purchase can be done almost entirely from Canada.
Quick answer: Indian citizens in Canada and Canadian citizens holding an OCI card can buy flats, houses, plots and shops in the Tricity, but not agricultural land or farmhouses. Since 11 January 2024, a power of attorney notarised and apostilled in Canada needs no further attestation by the High Commission of India. Pay through banks into NRE or FCNR(B) accounts.
The general rules on FEMA, bank accounts, loans, TDS and repatriation are the same for every NRI and are in our hub: the NRI property buying guide for Mohali, Zirakpur and Chandigarh. Here we cover only what is different for Canada.
Canadian citizen? The OCI card is what lets you buy
India does not allow dual citizenship. Once you become a Canadian citizen, you are no longer an Indian citizen and no longer an NRI.
- Canadian citizen with an OCI card: you can buy residential and commercial property on the same terms as an NRI. The RBI's Master Direction on immovable property gives the permission to NRIs and OCIs.
- Canadian citizen without an OCI card: the general permission does not cover you. Get the OCI card first.
- Indian passport holder with Canadian PR, a work permit or a study permit: you are an NRI under FEMA and can buy.
Neither route allows agricultural land, plantation property or a farmhouse. That matters in Punjab, where some land offered to families abroad near Mohali or Kharar is still agricultural on record. Ask for the change of land use (CLU) or the colony licence, and the RERA registration, before you discuss price.
The apostille: what changed in January 2024
Before 2024, a Canadian document for use in India had to be authenticated in Canada and then attested by the High Commission of India in Ottawa or a consulate in Toronto or Vancouver. Canada was not a party to the Apostille Convention.
That changed when the Convention entered into force for Canada on 11 January 2024. The High Commission of India, Ottawa now says in its attestation checklist (September 2024) that there is no requirement for further attestation or legalisation by the High Commission of documents that carry an apostille, including an e-Apostille, from a competent authority in Canada. India has been a member of the Convention since 2005, and the Ministry of External Affairs asks Indian offices to treat an apostilled document as legalised.
So you now have two routes for a power of attorney:
| Route | Steps | When to use it |
|---|---|---|
| Apostille | Sign before a Canadian notary, then get an apostille from Global Affairs Canada or your province's designated authority | The default since 11 January 2024 |
| Consular attestation | Apply for attestation at the High Commission of India, Ottawa, or the consulates in Toronto or Vancouver, through their outsourced centre | If the office in India asks for it, or as your lawyer advises |
Which authority issues your apostille depends on where the document was notarised. Some provinces issue apostilles for documents from their own jurisdiction, and Global Affairs Canada handles the rest. Its document authentication page has a tool to find the right one.
If you take the consular route, the High Commission's September 2024 checklist lists what it wants for a property POA: the application form, the original and a copy of the POA, your passport, proof of immigration status in Canada (PR card and landing papers, work or study permit) for Indian passport holders, Canadian address proof, and government photo ID of the attorney and the witnesses. Postal applications need the POA notarised first. The listed consular fee for property documents was CAD 30, plus the service centre's own fee; check the current figure before you go.
Documents a Canadian resident should have ready
| Purpose | What to keep ready |
|---|---|
| Your status | Indian passport, or Canadian passport plus OCI card |
| Canadian residence | PR card and landing papers, or work or study permit; Canadian address proof such as a driving licence or a utility bill |
| Indian tax and banking | PAN, NRE/NRO account KYC, FCNR(B) deposit papers if you hold one |
| The POA | Notarised and apostilled POA, the attorney's photo ID, witnesses' IDs |
| Home loan | Passport and status papers, recent pay stubs, employment letter, T4 slips or notices of assessment, Canadian bank statements |
| Payments | The Indian bank's inward remittance advice or FIRC for every transfer from Canada |
The bank list varies by lender; the items above are what Indian lenders commonly ask Canadian residents for. Under the RBI's borrowing and lending direction, the loan terms are on par with resident borrowers, and EMIs can come from Canada or from your NRE, FCNR(B) or NRO account. Run your numbers on the EMI calculator.
How to buy property in India from Canada remotely, step by step
- Step 1: Check your status (NRI or OCI) and get your PAN.
- Step 2: Open an NRE account, and an NRO account if you have Indian income. Send Canadian dollars by bank transfer to the NRE account; keep each FIRC or remittance advice.
- Step 3: Shortlist and see projects on live video. India is 9½ hours ahead of Toronto in summer and 10½ in winter, and 12½ or 13½ hours ahead of Vancouver. An evening call in Ontario lands in the Mohali morning, which is good light for a site walk.
- Step 4: Check the project on the RERA Punjab portal; our guide on checking RERA registration in Punjab shows where to look.
- Step 5: Book from your NRE or NRO account. Ask for the draft agreement for sale before your second payment and have a lawyer in India read it.
- Step 6: Sign the POA before a Canadian notary, get the apostille, and courier the original to your attorney in India.
- Step 7: Your attorney has the POA stamped in Punjab within three months of its arrival in India (section 18 of the Indian Stamp Act, 1899) and registered if needed.
- Step 8: Pay instalments from the NRE account. If the price is ₹50 lakh or more, deduct 1% TDS on each payment to a resident builder or seller (section 194-IA of the old Act; from 1 April 2026 the Income-tax Act, 2025 carries the same rule under a new section number).
- Step 9: Your attorney attends the sub-registrar for the sale deed, with photographs and fingerprints, and takes possession using a checklist such as our possession and handover checklist.
Would you like to see a site on a live video call that fits around your shift? WhatsApp Property1313 on 89100 01313. We will walk the project with you, share the price sheet and RERA papers, and include your parents in Punjab on the same call if you like.
Tax in India and in Canada
India taxes capital gains on property in India. When you sell, the buyer deducts TDS at the non-resident rates, and long-term gains (property held over 24 months) are taxed at 12.5% plus surcharge and cess. A lower deduction certificate from the Assessing Officer can bring TDS in line with your actual gain.
If you are resident in Canada for tax, Canada may also tax the gain, with relief for Indian tax under the India–Canada tax treaty published by the Income Tax Department. Canada also has its own reporting rules for property held abroad, such as Form T1135 with the CRA. Whether they apply depends on how you hold and use the home, so ask your Canadian accountant.
Getting the money back to Canada
The rules are the ones in our hub. Proceeds from up to two residential properties can go back if you paid in foreign exchange or from NRE or FCNR(B) funds. Anything else goes through the NRO account's USD 1 million per financial year facility, with the remittance declaration and a CA's certificate (the old Forms 15CA and 15CB, which have new numbers under the 2025 Act — your bank will tell you which forms it needs). Keeping every remittance record from Canada is what makes this simple later.
Homes Canadian families often ask us about
Two examples from our listings, one ready to move and one under construction with a RERA timeline:
Uptown Skylla · PR-7 International Airport Road, Ramgarh Bhudda, Zirakpur · ₹1 Cr onwards
Homeland Regalia · Airport Road, Sector 77, Mohali · ₹3.62 Cr onwards
See more property in Mohali, property in Zirakpur and property in Chandigarh. Our older post on buying property in the Tricity as an NRI has an overview of the areas.
Start with a shortlist
Tell us your budget, your preferred city and who in your family can help in India. Property1313 will set up live video visits, price sheets and the RERA documents for each shortlisted home. Send your requirement, or call or WhatsApp 89100 01313.
This article is general information, not legal or tax advice. Check your own case with an Indian chartered accountant, a Canadian tax adviser and a property lawyer before you pay or sign.
Frequently Asked Questions
- Can a Canadian citizen buy property in Punjab?
- Yes, if they hold an OCI card. OCI cardholders can buy residential and commercial property in India on the same terms as NRIs, but not agricultural land, plantation property or farmhouses. A Canadian citizen without an OCI card is not covered by the general permission.
- Is Canada part of the Hague Apostille Convention?
- Yes. The Convention entered into force for Canada on 11 January 2024. The High Commission of India, Ottawa says documents carrying an apostille from a competent Canadian authority need no further attestation by the High Commission.
- Who issues an apostille in Canada?
- Global Affairs Canada, or for documents from some provinces, the province's own designated authority. Global Affairs Canada's document authentication page has a tool that tells you which authority handles your document.
- Can I still get my power of attorney attested at the Indian High Commission?
- Yes, the High Commission in Ottawa and the consulates in Toronto and Vancouver still attest property documents through their outsourced centre. Its September 2024 checklist listed a CAD 30 consular fee for property documents, plus the centre's own fee. Check the current figures before applying.
- What documents does a Canadian resident need to buy property in India?
- Your Indian passport, or Canadian passport plus OCI card; PR card, work or study permit; Canadian address proof; PAN; NRE/NRO account KYC; and, if someone signs for you, a notarised and apostilled POA. A home loan also needs pay stubs, an employment letter and tax documents.
- Do I need to report Indian property to the CRA?
- Canada has its own reporting rules for property held abroad, such as Form T1135. Whether they apply depends on how you hold and use the property, so ask a Canadian accountant. Separately, India taxes any gain on sale and the buyer deducts TDS.
- Can I complete the purchase without travelling to India?
- Yes. You can see the home on a live video call, book and pay from your NRE account, and give a special power of attorney to someone in India. Your attorney has it stamped, then signs and registers the sale deed for you at the Punjab sub-registrar office.
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