By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Vikram works in Penrith and is buying a small apartment in Kochi for his retired parents to live in. His lawyer in Kochi tells him that he'll need to sign papers in Australia, with his photograph and thumb impression, and that they'll need an apostille.
Most articles about property in India deal with selling, but buyers sign documents too. If you're buying while you live in Australia, the purchase may need your signature on the sale deed itself, or on a power of attorney so that someone in India can sign and register it for you. Either way, the signing usually happens in front of a notary public here. Let's discuss this in further detail.
What will your lawyer in India ask you to sign when you buy property?
That depends on how your lawyer plans the purchase, and it's your lawyer's decision. We can't help you with that process.
Some buyers sign the sale deed in Australia and send it to India. Others give a family member a power of attorney to sign and register the deed there.
Your lawyer prepares the document, whichever it is. We don't draft Indian property documents or advise on Indian law. Our notary identifies you, witnesses you sign and then notarises it.
What extra requirements apply to buyers in India?
Buyers are often surprised by how much more than a signature is involved. For most of our clients buying property, their lawyer raises a few of these:
- Photographs and thumb impressions. Under section 32A of India's Registration Act 1908, both buyers and sellers in a registered property transfer give photographs and fingerprints. Your lawyer will show you where they go. A separate 32A form attracts an additional fee.
- Paper. Stamp paper isn't available in Australia, so ask your lawyer to confirm the document can be printed on ordinary A4 and how duty is paid in India.
- Ink. Unless your lawyer says otherwise, sign in black or blue ink. We usually recommend blue ink, because it helps tell an original signature from a copy.
- Your passport copy. Many lawyers ask for a notarised copy of the passport that you use to identify yourself.
- Witnesses. If the document needs witnesses, they come to the appointment with their photo identification. We can, but usually don't supply witnesses (it costs extra).
Do property documents for a purchase in India need an apostille?
Generally, yes. The registration office is an official body, and it will expect a document notarised in Australia to carry an apostille, because both countries are members of the Apostille Convention. Your lawyer will confirm it. The seller or a relative may not know about apostilles, so their view shouldn't be the one you rely on.
Should the registration office want the document attested by the Indian High Commission or Consulate as well, that's a separate process, which we plan to explain in another article.
After our notary has notarised your document, we take care of the apostille with the Department of Foreign Affairs and Trade (DFAT).
What do we recommend for buyers signing in Australia?
Property purchases run to timetables, and a missing thumb impression or initial can hold up registration while the papers travel back and forth. So we generally recommend either:
- ask your lawyer to check a scan of the unsigned document and confirm nothing is missing before you book; or
- get written instructions from your lawyer covering photographs, thumb impressions and where to sign, and bring them with you.
India Power of Attorney: Signing, Notarisation and Sending Process
What to bring to your appointment
- The sale deed or power of attorney, unsigned. Print it single-sided on A4 unless your lawyer says otherwise.
- Your passport, the one whose details appear in the document.
- Photographs in the size and number your lawyer specifies.
- Your lawyer's written instructions.
What next?
Example: the solution
Vikram's lawyer decided that his father would sign and register the deed in Kochi under a power of attorney. Vikram signed the power of attorney and placed his thumb impression in front of our notary, who also notarised a copy of his passport. With the apostille attached, we couriered the documents to the lawyer in Kochi, and Vikram's parents moved in a few months later.
Buying property in India? Request a quote for notarising your documents, or get in touch on WhatsApp.
About Us
This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.
As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.
Phang Legal — Parramatta6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150
Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155
Call 02 9687 8885 | WhatsApp | Request quote
About the author
Ern Phang — Solicitor & Notary Public
This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.
Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.
Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.
Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.
