Why do you need a power of attorney for India?

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

Example: the situation

Siddharth is selling an apartment in Kolkata but can't leave work in Sydney for the registration. He finds a power of attorney form online from another country and plans to fill it in.

A power of attorney lets someone in India sign for you, but only if it's the right document. Let's discuss this in further detail.

One of the challenges of living in Australia but buying or selling property in India is being able to sign the various legal documents necessary for the transaction to happen. Since most of the legal documents are still in paper form (ie, not electronic), it requires your signature - or perhaps someone to sign on your behalf.

Appointing someone to sign legal documents on your behalf can only really be done by a power of attorney.

If you're living in Australia and appointing someone in India by power of attorney to sign documents on your behalf, then that power of attorney must be notarised by a notary public.

Who writes the power of attorney?

In most cases, your lawyer or whoever is looking after your transaction in India should write the power of attorney for you. Sometimes it may just be a standard document or standard form, and sometimes it may be something specific to your situation or to your transaction. If you need to have a power of attorney to apply for a loan with a bank, sometimes the bank will have a standard power of attorney form that you can just download from the internet - but always make sure you know what you're signing.

Many clients download documents and forms from the internet (sometimes from different countries) and assume that they will 'work' in India - this is wrong and it's dangerous. Different countries have different legal requirements and different legal consequences. Don't assume that something you can download from the internet will work for your situation. Even a power of attorney based on the standard forms available in Australia isn't necessarily going to work or work properly for what you want to do in India. Check with your lawyer in India and if you don't have a lawyer, maybe it's about time you engage someone to assist you with your transaction. The cost of the process in Australia and the risk you face in sending an incorrect document to India isn't worth the risk.

Why does the power of attorney need to be notarised?

Documents signed in Australia but used in India generally need to be notarised. Depending on who you're sending the power of attorney to, they may also need the power of attorney to be stamped with an apostille from the Department of Foreign Affairs and Trade (DFAT) and stamped by VFS (ie, Indian Consulate stamp). Unfortunately, despite assisting clients sending documents to India for many years (nearly 20 years) everyone does it differently or they're asked for different things by their lawyer or whoever they're dealing with in India. What's common between all is having the document notarised - but after that, you'll just need to check.

What does notarisation involve?

For the power of attorney going to India, notarisation generally means you must sign the power of attorney in front of the notary public. The notary public can witness your signature and then sign/stamp your power of attorney confirming that they witnessed you sign it.

Do you need stamped paper?

Some clients who have their lawyers in India prepare the power of attorney and send it to them in paper form have their power of attorney printed on stamped paper (or bonded paper). This is like a form of pre-paid duty.

Stamped paper for isn't available in Australia so if you intend to sign a power of attorney printed on stamped paper then you'll need to arrange for it to be prepared in India and sent to you here. Alternatively, most clients print their power of attorney on standard A4 paper and have their signatures notarised on that type of paper. Duty is still payable in India but instead of pre-paid duty if your power of attorney had been printed on stamped paper, then your lawyer would need to arrange for it to be post-paid after the power of attorney arrives in India.

Does the power of attorney need to be stamped with an apostille?

Technically, as Australia and India are both member countries of the Apostille Convention (see here for more information) documents like the power of attorney sent from Australia to India, or any other member country, should be stamped with an apostille in order to be recognised.

Practically, the majority of power of attorney that we've notarised over the years have been used in India without an apostille. If you're not sure, please check with your lawyer in India.

What next?

Example: the solution

Siddharth asked the lawyer handling his sale, who prepared a power of attorney for the transaction. He signed it in front of our notary public, who notarised it, and his attorney in Kolkata signed the sale documents for him.

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

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 — Parramatta
6/83 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.

Why is identification important for notarised documents going to India?

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

Example: the situation

Mahesh signs his documents as M. Sharma, but his passport shows his full name, Mahesh Kumar Sharma. His bank in India knows him by the shorter version.

The name we record comes from your identification, so it pays to check it matches what India expects. Let's discuss why.

The necessity of identification

As a notary public, one of our main functions is to identify the person signing a document (ie, we witness them signing). 

By witnessing them sign, we certify that they are who they say they are and that they have signed the document in front of us. To do this we must first identify them according to their identification documents.

Identification documents include:

• Passport (Australian and/or foreign)
• Australian drivers licence or photograph identity card

For Indian clients, sometimes identification documents may also include:

• PAN card
• Indian Drivers Licence
• OCI

In all cases, we will compare the photograph in the identification documents with the person who appears before us to sign the document to ensure that they are the one and the same person. When we sign the document to confirm that we witnessed that person sign the document, we also write the person's name as it appears in the identification documents. Sometimes the name can be different and so it is really important that whoever is dealing with the document in India is aware of the name written in the identification documents to avoid any issues when the documents are sent back to India.

Example: the solution

Mahesh brought his passport, and our notary public recorded his name exactly as it appears there. He told his bank in India about the full name in advance, so it accepted the notarised document without questions.

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

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 — Parramatta
6/83 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.

3 Reasons why we might not be able to help you with notary public services.

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

Example: the situation

Vijay printed his power of attorney, formatted for foolscap, onto A4 paper the night before his appointment. When he arrived, the bottom lines of two pages were missing and the page breaks fell in the wrong places.

A few avoidable problems account for most of the appointments we can't complete. Let's go through them so yours goes ahead.

It's always a shame when clients come to our office but we're not able to help them and have to turn them away. If you read this article and realise this applies to you, then maybe you can save yourself an appointment with our office.

1. Incorrect Documents or Unsatisfied Document Requirements.

One of the biggest reasons why we can't help people with notarising their documents is because they bring the wrong documents, or the documents have been printed wrong or typed wrong. Generally, we can't check your documents. If your documents have been prepared by a lawyer, then you should check with the lawyer BEFORE you make your appointment. If you prepared your own documents, then you need to check it yourself and/or send it to a lawyer in India to check for you.

In India, many of the legal documents are written on foolscap paper, or stamped/bonded paper or 'green' legal paper. None of those exist in Australia and generally, it's totally acceptable to print your documents on normal white A4 paper, but not only should you check, but you also need to make sure that your formatting is correct. There have been too many times that people have printed foolscap formatted documents onto an A4 page only to have parts missing from the bottom or the top or the page breaks are all in the wrong places. If you need to have stamped/bonded paper, then that's not available in Australia - only in India. Using an Australia Post postal stamp is NOT the same thing (despite what some clients believe).

You should also know whether your document needs a photograph or a thumbprint, or whether you need to have witnesses other than the notary public. If you've checked and you've been told that they're important by your lawyer in India, then pre-arrange these things, come prepared or otherwise ask us when you're making your appointment.

SUMMARY: Check your requirements with your lawyer in India and bring the right documents to your appointment.

2. Incorrect Identification Documents

Being able to identify yourself is one of the most important aspects of the notary public service. If you can't identify yourself, then generally we're not going to be able to help you. How you identify yourself really depends on what you're doing and the document that you need to have notarised. Australia-recognised photograph identification is a minimum requirement. This includes a passport and/or an Australian drivers licence, photograph identification card or another form of Australian government-issued photograph identification document (ie, this would not include the Medicare card as it doesn't have a photograph). Without that primary identification document, we can't accept any other document even if it's been issued overseas or has your photograph. For example, you cannot use your Indian Drivers Licence or your PAN card as proof of your identity in Australia.

Sometimes if a document that you're signing refers to a specific identification document (ie, passport number) then you need to bring that identification document with you to prove your identity for that purpose. In these cases, you may also then need to produce your PAN card or other foreign identification document otherwise it may not be possible for us to witness your document IF we're required to witness your signature and verify your identity accord to that identification document. If in doubt or if you're not sure, bring all identification documents to your appointment.

SUMMARY: Bring your photograph ID document, especially any document referred to in the document that you need to have notarised.

No appointment

Are appointments essential? No, they're not - but they're helpful. Our office is generally open during the normal working week, between 9am and 5pm, Monday to Friday excluding public holidays and the period between Christmas and New Year. However, despite being open our notary public is not always available due to other commitments or appointments in and out of the office. Of course, if you come without an appointment and we're able to assist, we'll assist you. But if we can't, then we can't as well. The only way to be sure is to make an appointment, otherwise you're risking either a long wait or a wasted trip.

If you need the power of attorney and the photographs and fingerprints to be sealed separately as two different documents, then additional costs will apply.

SUMMARY: Make an appointment and be on time.

Example: the solution

Vijay rebooked after his lawyer in India sent a corrected A4 version and he checked every page. At the second appointment our notary public witnessed his signature and notarised the document without delay.

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

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 — Parramatta
6/83 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.

What documents do you need to send to India?

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

Example: the situation

Tarun's family in India wants him to send 'the papers' for a property matter, but no one can say which documents or in what form. He calls us to ask what he should write.

Questions about which legal documents to send belong with your lawyer in India. Let's discuss where we fit in.

Confused? Get legal advice!

Many clients call us for advice about what legal documents they should be sending to India, how to write their legal documents for India or whether their legal documents should also be stamped by the Indian Consulate/VFS. Each time we tell them that they need to ask their lawyer in India - and if you are also looking for answers to these same legal questions, then you should also ask your lawyer in India.

As a public notary, we can assist you with the legal process in Australia only. There is a process in Australia (following international conventions) that involves documents originating from Australia or signed in Australia to be first notarised and then authenticated/legalised, or stamped with an apostille. The challenge when dealing with the legal process relating to Indian documents signed in Australia but used in India is that there does not seem to be a single accepted approach adopted by lawyers in India or even by the Consulate/VFS despite the international conventions.

For example, widely recognised and accepted international conventions allow for documents that have been stamped with an apostille to be accepted in their intended destination country if that country is a member state of the Apostille Convention without further stamping, verification or legalisation. Accordingly, this should mean that documents that have been stamped with an apostille in Australia should be accepted in India without issue, however this often does not seem to be the case. Many lawyers in India have advised clients that they must also have their documents stamped by the Consulate/VFS and VFS have stated that those documents would have to be stamped with an apostille before they would accept them - despite the Apostille Convention.

Ultimately, your end goal is to satisfy whoever it is in India that the documents you are sending to them are valid. This means that despite whatever regulation or process may exist with VFS, the Consulate or international protocols, the intended recipient's opinion is the most important.

Example: the solution

Tarun's lawyer in India told him exactly which document was needed and prepared it. Tarun signed it in front of our notary public, who notarised it, and we arranged the apostille his lawyer asked for.

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

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 — Parramatta
6/83 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.