By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Sunita and her two brothers own their late parents' house in Nagpur. Her brothers live in Nagpur and will sign the sale deed there. Sunita lives in Seven Hills, and the family's lawyer says she can sign her part in Australia before a notary public.
Family property in India is often owned by several people, and they don't always live together (or in the same country). When the property is sold, every owner usually must sign the same documents. But what does that mean for you if you're an owner living in Australia? It doesn't necessarily mean you have to travel back to India. You might be able to sign the documents (ie, sale deed or a power of attorney) in Australia. Signing a power of attorney appointing a family member to act on your behalf is probably the most common request that we receive. But it depends on what your lawyer arranges. Let's discuss this in further detail.
Who decides how each co-owner signs the sale deed?
The lawyer handling the sale in India decides how the deed or other documents must be signed by each owner and in what order. They should also be able to tell you whether you must sign the deed itself or a power of attorney. Follow the lawyer's instructions. We can't advise you on their requirements. They should prepare the documents, and they know what the registration office in that state expects.
Ask the lawyer early whether they will provide hardcopy documents from India or if they're going to email them to you to print. Knowing the arrangement will determine when you can book your appointment.
What does our notary certify when you sign the sale deed or power of attorney?
Our notary identifies you, witnesses you sign and notarises the deed or power of attorney. The notarisation confirms that you signed in front of our notary. It says nothing about anyone else who doesn't sign in front of our notary (whether they're signing in India or elsewhere).
Your lawyer may also ask for some of these at your appointment:
- Your photograph and thumb impression. Section 32A of India's Registration Act 1908 asks sellers and buyers in a registered property transfer for photographs and fingerprints, so the deed may have spaces for both. If the lawyer sends a separate section 32A form, notarising it is charged separately.
- Initials on each page, if the lawyer wants every page of the deed or power of attorney signed or initialled. More signatures and initials can add to the cost.
- Separate notary certificate. We provide a notary certification on the document, however, some lawyers may ask us to provide a separate notary certificate (bound with ribbon). You should ask your lawyer whether this is required.
- A notarised passport copy, so the registration office can match you to the documents.
- Witnesses. Anyone witnessing your signature attends with their own photo identification. We can, but usually don't supply witnesses (it costs extra).
Does your part of the sale deed or power of attorney need an apostille?
Maybe. Your signature will be relied on by a registration office in India, an official recipient that will generally look for an apostille on a document notarised in Australia. With both countries in the Apostille Convention, that apostille is what gets the notarised signature recognised. The lawyer will tell you for certain.
If the registration office asks for High Commission or Consulate attestation, that's a different step, which we'll come back to in another article.
We obtain the apostille from DFAT after the deed is notarised, so you don't have to deal with DFAT yourself.
What do we recommend when co-owners sign in two countries?
With owners signing in two countries, a missing initial or thumb impression on your part can hold up everyone else. So we generally recommend either:
- ask the lawyer to mark every place you need to sign, initial or place your thumb impression before sending you the documents; or
- send the lawyer a scan of your notarised document after your appointment, before it's couriered, so they can confirm your part is complete.
India Power of Attorney: Signing, Notarisation and Sending Process
What to bring to your appointment
- The sale deed or power of attorney, as the lawyer sent it, unsigned.
- Your passport named in the deed.
- Photographs in the size the lawyer asks for.
- The lawyer's instructions, including any marked places to sign.
What next for your part of the sale?
Example: the solution
The lawyer emailed Sunita the deed with each signing place marked. At her appointment she signed, initialled each page and placed her thumb impression in front of our notary, who notarised the deed and a copy of her passport. With the apostille on, we couriered the deed to the lawyer in Nagpur, where her brothers signed and the sale went ahead.
Signing a family sale deed or power of attorney for India? Get a quote for your part, or contact our office 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.
