Who prepares the General Power of Attorney or Special Power of Attorney?

By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.

Example: the situation

Divya needs to appoint her sister to deal with a flat in Bengaluru. She finds several power of attorney templates online and asks us which one to use, or whether we can prepare it for her.

Choosing and preparing the right power of attorney is a job for your lawyer in India. Let's discuss why.

Preparing the Power of Attorney for India

Time and time again, clients sending a power of attorney to India have asked us to help them prepare a General Power of Attorney or a Special Power of Attorney - or even in some cases, a Special General Power of Attorney. Whether these documents are the same, similar or completely different depends largely on their purposes and the person or organisation intending to use it or rely on it.


This website contains a number of templates that our clients have used in the past, however they are by no means the limit of what is available or any indication of what you should be using when sending the power of attorney to India.

Visit the following previous posts for Power of Attorney templates:


If you have a lawyer in India, you should ask that lawyer to prepare the power of attorney that would be relevant and appropriate to your requirements in India. They may send you the hard copy, which may have been printed on stamped paper or the 'green' foolscap folio sized paper (both of which are not readily available in Australia), or they can send you an electronic file for you to print keeping in mind that if you print your document in Australia, it would likely be on normal white A4 paper. In our experience, the kind of paper has not affected the validity or acceptance of the power of attorney in India (although unstamped documents may need to be subsequently stamped before they can be used in India).

Our role in this process is strictly limited to witnessing the power of attorney being signed, and then notarising the power of attorney. If required so that the power of attorney can be used in India, we can lodge your power of attorney with Department of Foreign Affairs and Trade for authentication or apostille. You may also need to make arrangements for your document to be lodged at the Indian consulate in your closest capital city.

Edit 2017 (see updated video)

Example: the solution

Divya asked her lawyer in India, who prepared a special power of attorney for the flat and emailed it to her. She printed it on A4 paper and signed it in front of our notary public, who witnessed her signature and notarised it.

To obtain a quote on our notary public services for India, please visit Request a notary quote.

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About the author

Ern Phang, solicitor and notary public

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.

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