By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Smita wants her cousin to manage her rental property in Pune. She's thinking of asking an Australian lawyer to write the power of attorney, as that seems easier.
A power of attorney for India is best prepared by a lawyer in India. Let's discuss notarisation and the apostille.
You need a power of attorney if you want to appoint someone in India to act on your behalf.
If you're signing the power of attorney in Australia, then your signature should be witnessed by a notary public. The notary public can then notarise your power of attorney. As a leading provider of notary public services in Sydney, we help many clients with notarising their power of attorney so that it can be used in India.
Who writes your power of attorney?
Preferably, your lawyer in India will prepare the power of attorney for you, and they can advise you whether you require a general power of attorney or a special power of attorney. They can also advise you whether your power of attorney must be printed on stamped paper, green foolscap paper, or whether it can be printed on normal A4 paper. Usually, if your power of attorney is not printed on stamped paper, then you'll need to pay the stamp duty within 3 months after your power of attorney arrives in India.
In short, you really shouldn't write the power of attorney yourself or even ask a lawyer in Australia to write it for you. Your power of attorney must be valid in India according to the laws in India (and the laws and processes/procedures can vary between states).
Does your power of attorney need a fingerprint or a photo?
Your lawyer can also advise you whether your power of attorney must contain other specific things such as references to your identification document, your photo or a photo of your attorney, or whether it requires thumbprints. Sometimes the power of attorney is also accompanied by another document called 'Photographs and Finger Prints as per section 32A of the Registration Act 1908' which contains places for photographs and fingerprints.
Does your power of attorney need an apostille?
Technically, because Australia and India are both members of the Apostille Convention, documents signed in Australia but used in India should also be stamped with an apostille. The Department of Foreign Affairs and Trade (DFAT) is the issuing authority for the apostille in Australia. After your power of attorney has been notarised, it can then be stamped with an apostille. We help many clients with arranging for their notarised power of attorney to be stamped with an apostille from DFAT.
Does your power of attorney need Indian Consulate attestation?
Sometimes, you may also need to have your power of attorney attested by the Indian Consulate. In Australia, VFS Global provides these services on behalf of the Indian Consulate. According to VFS Global, if you are not an Indian Citizen, then your power of attorney must be stamped with an apostille before it can be attested by VFS Global on behalf of the Indian Consulate. If you're not sure about what's required for VFS Global, please check their website for more information and for the specific checklist of documents and other requirements before you send your power of attorney to them for attestation.
Example: the solution
Smita's lawyer in India prepared the power of attorney and confirmed the paper to print it on. She signed it in front of our notary public, who notarised it, and we arranged the apostille her lawyer asked for.
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.
