By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Sunita gave her cousin a power of attorney to manage a flat in Chennai. Two years later, she decides to manage it herself. Her lawyer in Chennai emails her a revocation and asks for a photograph, a thumb impression and an apostille. Sunita lives in Parramatta. What does she need to do?
If you gave someone in India a power of attorney and you no longer want them to act for you, you must revoke it. Circumstances change. The property sale falls through, a family relationship breaks down, or you simply want to manage things yourself. While you're living in Australia, revoking the power of attorney usually means signing a revocation in front of a notary public and sending it to India. Let's go through what's involved.
Who prepares the revocation of your power of attorney for India?
Your lawyer in India should prepare the revocation. It's not up to us. Your lawyer knows how the original power of attorney was made, whether it was registered, and what has to happen in India for the revocation to take effect (ie, whether the revocation must also be registered, and whether your attorney and anyone dealing with them must be told). Whatever your lawyer's instructions are, you need to follow them.
We don't draft the revocation or give advice on Indian law. What we do is confirm who you are, watch you sign, and attach our notary certificate to the revocation.
What will your lawyer in India ask for?
For most of our clients, their lawyers usually ask about any of the following:
- Stamp paper. You can't buy Indian stamp paper in Australia. Your lawyer must confirm whether the revocation can be printed on plain A4 paper and how any stamp duty will be paid once it reaches India.
- Copy of passport. Many lawyers ask their clients for a notarised copy of their passport (the passport that they use to identify themselves). If required, let us know. We can make a black and white photocopy, or you can bring your own coloured copy.
- Photographs and thumb impressions. Section 32A of India's Registration Act 1908 requires photographs and fingerprints for certain documents presented for registration. If the revocation will be registered, your lawyer will tell you whether your photograph and thumb impression must go on it, and where.
- Witnesses. If the revocation needs additional witnesses, they must attend your appointment with their own photo identification. We can, but usually don't supply witnesses (it costs extra).
Does the revocation need an apostille?
Usually, yes, if it's going to a registration office, a bank or a court. Because both countries belong to the Apostille Convention, an apostille is how an office in India confirms that a document notarised in Australia is genuine. Your lawyer will know whether your revocation needs one. A private person in India may never have heard of an apostille, so don't rely on them to tell you.
Occasionally, an office in India asks for attestation by the Indian High Commission or Consulate instead. That's a separate process, and we'll cover it in another article.
Where the revocation needs an apostille, we organise it with the Department of Foreign Affairs and Trade (DFAT) after notarising it, so you don't have to deal with DFAT yourself.
What do we recommend before you sign the revocation?
Signing the revocation is only the first step. Your lawyer in India will tell you what else must happen before it takes effect, and until then, your attorney may still be able to act for you in India. Accordingly, we generally recommend either:
- ask your lawyer in India who must be told about the revocation (ie, your attorney, a bank or the registration office) and how; or
- ask your lawyer whether the original power of attorney should be returned or cancelled at the same time.
India Power of Attorney: Signing, Notarisation and Sending Process
What to bring to your appointment
- The revocation, printed and unsigned. Leave it blank until you're in front of our notary.
- Your passport or other current photo identification. It should be the identification your lawyer expects you to use.
- Two photographs, if your lawyer wants them attached to the revocation.
- Your lawyer's email or letter explaining how the revocation is to be signed.
What next?
Example: the solution
Sunita printed the revocation, booked an appointment and brought her passport and two photographs. She signed and placed her thumb impression in front of our notary, who notarised the revocation and a copy of her passport. We arranged the apostille and, at Sunita's request, sent the revocation by international courier straight to her lawyer in Chennai, with a tracking number she could follow.
Need to revoke a power of attorney for India? Ask us for a quote, or send us 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.
