By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Priya and Sanjay live in Castle Hill and own a flat in Hyderabad together. They want Sanjay's brother to find a tenant and sign the lease for them. Their lawyer in Hyderabad prepares one power of attorney naming them both, and asks them to sign it in Australia.
Many couples and siblings own property in India together. When the owners live in Australia and want a relative to act for them, the lawyer in India will often prepare one power of attorney for all of the owners to sign. That's convenient, but it means every owner must go through the same formalities in Australia. Let's discuss this in further detail.
Does every joint owner have to sign the power of attorney for India?
Your lawyer in India decides who must sign and in what capacity, so follow their instructions. If the lawyer names each of you as a principal, each of you must sign, and our notary must identify each of you and witness each of you sign.
Nobody can sign on behalf of the other owner, even a spouse. Signing a document in front of a notary needs the person to be there, with their own photo identification. If one of you is overseas or interstate at the time, tell us when you book, and ask your lawyer in India whether separate documents would work better (ie, they would have to sign in front of a notary wherever they are).
Do all the owners have to sign the power of attorney at the same time?
Legally, no. Owners can sign the same power of attorney at different times (or at different appointments). However, recording that different owners came at different times can create complications and more work in terms of witnessing and notarising. This might mean a different cost.
Do all the owners have to sign the power of attorney in front of the same notary?
Legally, no. Each owner should sign in front of a notary, but it doesn't have to be the same notary. However, your lawyer should guide you as to what's recommended. If owners live in different places where it's not practical to all sign together, then your lawyer in India will advise you what to do. It might mean each owner has to sign their own document.
Different owners signing in front of different notaries but on the same power of attorney can create other complications, especially if your power of attorney requires an apostille.
What will your lawyer in India want from each owner?
For most of our clients signing jointly, their lawyer asks for some of the following, from each person:
- A signature on every page, or only at the end. Your lawyer chooses, and you both follow the same instruction. Signing every page takes longer and can add to the cost.
- Photographs and thumb impressions. If the power of attorney is to be registered, section 32A of India's Registration Act 1908 may require a photograph and fingerprint from each person who signs. Your lawyer will tell you where they go. A separate 32A form for each owner is an additional notarial fee.
- A notarised passport copy for each owner. We copy the passport in black and white at our office, or you can bring a colour copy for our notary to compare.
- Witnesses. If the lawyer wants additional witnesses, they come to the appointment with their own photo identification. We can, but usually don't supply witnesses (it costs extra).
Indian stamp paper isn't available here, so check that your lawyer is happy for you to sign on plain A4 paper.
Does a jointly signed power of attorney need an apostille?
Usually, yes, and having two signatures on it doesn't change that. Because India and Australia have both joined the Apostille Convention, that is how a registration office or bank in India knows our notary is genuine. Notarisation alone used to be enough for many powers of attorney, but recipients in India now ask for the apostille more often.
A few recipients in India still ask for attestation by the Indian High Commission or Consulate. That's handled differently, and we'll explain it in another post.
After both of you have signed, we take the power of attorney to the Department of Foreign Affairs and Trade (DFAT) for the apostille.
India Power of Attorney: Signing, Notarisation and Sending Process
What to bring to your appointment
- The power of attorney, printed once and signed by nobody yet.
- A passport for each owner, or other current photo identification if a passport isn't available. Our notary has to identify each of you before witnessing either signature.
- Two photographs each, if your lawyer has asked for them.
- Your lawyer's signing instructions, so both of you sign in the same places.
What next for your joint power of attorney?
Example: the solution
Priya and Sanjay came to their appointment together with their passports and photographs. Each of them signed and placed a thumb impression in front of our notary, who notarised the power of attorney and copies of both passports. Once the apostille was on, we couriered the document to their lawyer in Hyderabad, and Sanjay's brother signed the lease for them.
Signing a power of attorney with someone else? Ask for a quote online, or message our team 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.
