By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Harpreet moved to Sydney for work. Back in Ludhiana, there's rent to collect on the family shop, a bank account to manage and paperwork at the local council. She wants her brother to handle all of it while she's in Australia.
A power of attorney lets someone you trust in India act for you while you're living in Australia: dealing with a bank, a property, a tenant or a government office. It's the document we notarise most often, and the one people most often get wrong when they try to prepare it themselves. Let's discuss this in further detail.
Who should draft your power of attorney for India?
Ask a lawyer in India to draft it. It's not up to us. A power of attorney should allow your attorney to do what they need to (and possibly, restrict them from doing what they shouldn't be doing). It must be written so that it's valid according to the law and will satisfy whoever will rely on it in India, whether that's a bank, a registration office or a court. Your lawyer who is involved with the transaction should know the requirements. Accordingly, you should follow their instructions.
We don't draft powers of attorney for India or give advice on Indian law. You should consult your lawyer in India for assistance. Don't try to use an Australian power of attorney. An Australian power of attorney is valid for Australia, but isn't intended to be used in other countries. The consequences of doing it wrong can be substantial so don't take the risk.
Our notary verifies your identity, witnesses you sign and adds the notary certification. If required, you can also request a separate notary certificate.
What details does your lawyer in India need to settle first?
For most of our clients giving a power of attorney, the lawyer must decide on some of these:
- What the attorney can do. A narrow power for one task or a wider one. That's a question of Indian law for your lawyer.
- Photographs and a thumb impression. If the power of attorney will be registered, you may need to provide a photo and thumbprints on a section 32A of India's Registration Act 1908 form. Your lawyer should mark where they go, often on a separate annexure page. If required to be notarised, this will attract additional fees.
- Paper and duty. Indian stamp paper isn't sold here. Ask whether plain A4 is acceptable and how duty is paid once the document arrives.
- Your passport. A notarised copy of the passport named in the power of attorney is a common request.
- Witnesses. Any witnesses the document requires come with you, each carrying photo identification. We can, but usually don't supply witnesses (it costs extra).
Why does a power of attorney for India need an apostille?
Banks, registration offices and courts in India are official recipients, and they generally look for an apostille on a power of attorney signed in Australia. Both countries are signatories to the Apostille Convention, which is what makes the apostille the recognised form of proof here. Your lawyer will confirm the requirement, and if it's left uncertain, we work on the basis that an apostille is needed.
In the past, most clients just had their power of attorney notarised. A few official-looking red notary stamps were usually enough. However, we have noticed that more and more clients have been requesting an apostille and perhaps this is an indication that recipients in India are becoming more informed about the official process.
Your lawyer may also tell you that your power of attorney needs attestation through VFS for the Indian High Commission or Consulate on top of the apostille. If so, that's a further process, and we'll cover it in a separate article.
We obtain the apostille from the Department of Foreign Affairs and Trade (DFAT) for you once the power of attorney is notarised.
What do we recommend before you sign a power of attorney for India?
A power of attorney hands real authority to someone else, and in India it may stay in use for years. Accordingly, we generally recommend either:
- ask your lawyer to explain what your attorney will and won't be able to do before you sign; or
- ask your lawyer how the power of attorney can be cancelled later, should you need to.
India Power of Attorney: Signing, Notarisation and Sending Process
What to bring to your appointment
- The power of attorney, printed and unsigned, including any annexure pages for photographs and thumbprints.
- Your passport (the one quoted in the document), or your Australian driver licence if your lawyer has used that instead.
- Passport-sized photographs, if your lawyer wants them attached.
- Your lawyer's instructions on signing, the thumb impression and the apostille.
What next?
Example: the solution
Harpreet's lawyer in Ludhiana prepared a power of attorney naming her brother. Harpreet signed it and placed her thumb impression on the annexure in front of our notary, who also notarised a copy of her passport. After DFAT issued the apostille, Harpreet collected the documents from our office and posted them to her brother herself.
Making a power of attorney for India? Get a quote from us, or send a message 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.
