How do I get 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

Nikhil wants his father to sell his motorbike and operate his bank account in India while he's in Sydney. He isn't sure whether one power of attorney can cover both, or who should write it.

A power of attorney can cover many tasks, but the wording has to suit what you need. Let's go through the common questions.

The most common request that we receive is to notarise the power of attorney (both general power of attorney and special power of attorney) for India.

In this article, we attempt to answer some of the most commonly asked questions about the power of attorney for India.

What is a power of attorney?

A power of attorney is a legal document in which you authorise someone to act on your behalf. It's basically a legal letter of authority but prepared in a more formal manner. The person that you appoint is called your 'attorney' and when you authorise them to act on your behalf, generally this means you authorise them to make decisions and sign any documents for you. You may need to appoint an attorney in India if you cannot travel to India to do things yourself.

What is the power of attorney used for?

The power of attorney is generally to authorise someone to handle financial matters, property dealings, court cases or other legal matters on your behalf. For example, many of our clients use a power of attorney to:

• authorise someone to deal with banks for home loans;
• authorise someone to buy or sell property;
• authorise someone to operate bank accounts;
• authorise someone to buy or sell cars or motorbikes;
• authorise someone to trade in shares;
• authorise someone to access information or records

What kind of things can I authorise in my power of attorney?

It really depends on what you need to do. If you have some sort of personal, business or property dealing in India, then you'll need to have a power of attorney that properly and sufficiently authorises the person you appoint to be able to act on your behalf. If your power of attorney is not prepared properly or somehow limits what powers are granted, then the person you appoint may not be able to do what you want them to do. This would mean that everything else you've done in order to appoint them would be wasted. It's important to get it right to avoid unnecessary costs and delays.

Who prepares the power of attorney?

Different countries have different requirements or forms that must be followed in order for the authority to be valid or for the power of attorney to be accepted and so you need to check the requirements of the specific country (and sometimes the specific state).

Also, depending on where you intend to use the power of attorney, the recipient may also have different requirements. For example, a courthouse or a government office may have different expectations from a bank or private business, and if it's intended to be used to deal with your neighbour or an individual, they may have different requirements from private businesses or government departments and authorities.

If you're using the power of attorney in India, then the power of attorney should be prepared in India according to the law and the specific requirement of the power of attorney. Accordingly, we encourage our clients to consult their lawyer or whoever will be assisting them with whatever they need to do. Your lawyer in India can prepare the power of attorney on the form, in the format and with the contents that may be required for the power of attorney to be legally valid and accepted in India for whatever you're doing or intending to achieve.

Do you have any templates for the power of attorney?

Yes, there are some templates available - and some links from previous articles in this blog or on our website https://www.notary-parramatta.com.au/. However, you should always be careful when using a template document. A template is really only a starting position and it may not necessarily be relevant to what you specifically need. Considering that the powers granted by the general power of attorney or the special power of attorney has a significant legal effect,  you should always read the power of attorney carefully to fully understand everything that you're doing by signing it (especially when you are having it witnessed by a notary public).

Do I need special paper, legal paper, bonded paper or stamped paper for my power of attorney?

For legal documents used in India, such as the power of attorney, it's common for them to be prepared on stamped paper. Stamped paper is proof of prepaid duty. Generally, you must pay duty for the power of attorney and so preparing the power of attorney on stamped paper is common in India. However, there is no such thing as stamped paper available in Australia (especially stamped paper that's recognised in India). 

In fact, some of our clients have attached Australian postage stamps to their documents, but this doesn't make sense as this kind of stamp is not related to stamp duty (or duty) and it's an Australian stamp, not an Indian stamp and in no way represents any evidence of proof of duty paid in India for Indian purposes. It sounds silly doesn't it, but that's what some clients have done because they didn't obtain the right advice from the right person. Most likely they just listened to something that they heard from someone or read from the internet and followed it blindly, both wasting time and money in doing the wrong (absurd) thing without making any attempt to find out what's the right thing to do.

For most clients, their lawyer prepares the power of attorney in an electronic document and that document is emailed to them to print on normal A4 paper (which is the standard paper available in Australia). Duty is then only paid once the signed and notarised power of attorney lands in India.

Bottom line - ask your lawyer in India. If your lawyer believes it's easier or more convenient to prepare the power of attorney on stamped paper in India and then send the original document to you to sign and have notarised, then that's what you should do. It actually makes things very easy but naturally takes longer and could be a little more expensive in terms of courier/postage charges compared to having an electronic document emailed to you.

What documents do I need to bring with me to have my power of attorney notarised?

Aside from bringing the actual power of attorney that you want to have notarised, you'll also need to bring your photo identification - we usually ask you to bring your passport as this would be the most universally accepted photo identification document regardless of where you are in the world. Some clients want to bring their PAN card, Aadhaar card or their OCI card, but as these documents are not generally recognised as identification documents in Australia, they must also bring their passport as their primary photo identification document. When we notarise your power of attorney, we'll also include a stamp to confirm that you've identified yourself by your passport.

How do we notarise your power of attorney?

Generally, the way that we notarise your power of attorney depends on what's required by your lawyer in India. If there are no specific instructions, then we'll notarise your power of attorney the same way that we normally notarise basic legal documents - that is, we'll countersign every page that you sign, and we'll also put a stamp and seal on the back page or the signing page. Unless specifically requested, we don't issue a separate notary certificate as our stamp clearly states that we've witnessed your signature and that you've proven your identity with your specific photo identification document.

Do I need an apostille?

Technically, yes. If you're signing a power of attorney in Australia but you're using it in India, then your power of attorney should be notarised and then stamped with an apostille. The apostille is a stamp issued by the Australian government in accordance with the international treaty known as the Apostille Convention. Countries that are signatories to the Apostille Convention will recognise the apostille stamp issued by other member countries. Both Australia and India are signatories to the Apostille Convention which means documents from Australia to be used in India should be stamped with an apostille to be legally valid.

In saying this, it's our practical experience that the majority of clients who have their documents notarised by us send those documents to India without any other stamps. While it may not be technically correct, because it should be stamped with an apostille after it's been notarised, if the document with notarisation only is accepted in India then it's already achieved its purpose without the added cost or delay of the apostille process.

If you're not sure whether your power of attorney will be accepted in India without an apostille, you should contact your lawyer in India for guidance. Sometimes you may benefit from just asking what the requirements are instead of directing your lawyer to formality arising from the Apostille Convention.

Do I need a signature from the Indian High Commission?

Technically, no. Since Australia and India are both signatories to the Apostille Convention, only the apostille is required and no further involvement by the High Commission or Consulate is required. However, in saying that sometimes your lawyer or whoever you're dealing with in India may specifically request that your document is attested by the High Commission or Consulate (either as a peace of mind or because they're not familiar with international treaties or formalities arising from the Apostille Convention). If that's the case, there's no 'harm' in submitting your documents to VFS (who act on behalf of the High Commission/Consulate) for attestation however VFS will also ask you to sign/acknowledge their disclaimer that they've also advised you that due to the Apostille Convention, attestation by the High Commission/Consulate is not required in order for your power of attorney to be legally valid in India.

Do I need to have witnesses?

As a notary public service, we will notarise your power of attorney after we witness you sign it. However, in many cases, especially if you are using a template from India, there may seem to be a specific requirement for you to also sign in front of other witnesses (often shown as two witnesses). If you were signing the power of attorney in India, then you may need to have two witnesses but you may need to check whether that requirement still exists for signing the power of attorney in Australia. For the majority of our clients, we act as the only witness/notary to the signing of the power of attorney. Sometimes if a client wants to have other witnesses present, then they will need to make arrangements for those witnesses to either sign before or after the notarisation. We can also witness their signature as well as their witnesses' signatures, however, this would mean that they would have to bring their witnesses with them (and this also changes the cost of the notary service). When in doubt, always refer back to your lawyer in India for guidance.

Does my attorney need to be present?

No, generally if you're appointing someone to act on your behalf (ie, your attorney) in India, it's because they're in India - and you're not. This means when you come to sign the power of attorney, your attorney isn't present and they don't need to be. We generally only witness you (the person giving the power) signed the document in our presence. Occasionally, if your attorney is with you and they also wish to sign the power of attorney in our presence, we can witness their signature - but this does not happen in the majority of requests that we receive.

Do I need to have a photograph?

Some power of attorney templates leave a space for you to attach your photograph. Sometimes you also need to sign across your photograph (ie, half on and half off). In all cases, if you're signing the power of attorney in our presence and you include your photograph (whether you sign it or not), we'll still stamp your photograph as confirmation that you're the person who signed the power of attorney in our presence.

Do I need to have a photograph of my attorney?

Your attorney is the person that you're appointing in India to act on your behalf. Some power of attorney templates leave a space for you to include your attorney's photograph as well as your own. You may also need to attest your attorney's photograph, however, we wouldn't stamp your attorney's photograph unless they're present and we're also witnessing them sign the power of attorney (in acceptance).

Do I need to have a thumbprint?

Occasionally, some clients have been asked to also include their thumbprint on the document (ie, generally this is in reference to their left thumb with black ink). We are able to accommodate this request however we aren't able to say whether your specific power of attorney for its specific purpose requires your thumbprint. If you're using a template, often the template will indicate that a thumbprint is required but if you're not sure then you should ask your lawyer in India.

(On rare occasions, we've had clients who have had to put fingerprints and thumbprints from both hands - not sure why).

What next?

Example: the solution

Nikhil's lawyer in India prepared a power of attorney covering the motorbike and the bank account. Nikhil signed it in front of our notary public, who notarised it, and he sent it to his father.

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.

Don't let the authorities destroy your Indian licence!

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

Example: the situation

Gaurav is applying for a NSW licence and is about to hand over his Indian drivers licence at the motor registry. A friend's licence was punched with a hole at the counter and is now useless in India.

Your Indian licence stays valid as long as the authority in India says so. Let's discuss how to protect it.

What is the problem?

Here's a troubling situation that we've encountered more than once - and so it's something we want to share with you... we need to share with you BEFORE it happens to you.

If you're driving in Australia on an Indian drivers licence, or you produce your Indian drivers licence at a NSW motor registry (ie, when you are applying for a NSW licence), there's a possibility that a person 'in authority' will punch a hole in your Indian drivers licence or even cut/destroy! It happens and it's happened before.

Why is it a problem?

If someone punches a hole through your Indian drivers licence (or destroys it), it may mean that your licence is no longer valid to drive in Australia or even in India until you obtain a replacement licence from India. Is it easy to replace your licence? In some cases, the motor registry won't re-issue a licence unless you're physically present at the motor registry, so consider that this isn't going to be happening any time soon.

Essentially, no one in Australia, including the police or staff at the motor registry (except maybe the Indian Consulate/VFS with delegated authority from your motor registry in India) has the authority to destroy or cancel your Indian drivers licence. Your Indian drivers licence is valid as long as your motor registry in India says it's valid.

What does this mean for you?

Be very careful before handing your Indian drivers to someone who may be questioning your right to drive in Australia, especially if they move to potentially punch a hole in your licence or cut your licence. Stop them immediately.

Even though you can (depending on your licence - if it is a recognised international licence) continue to drive in Australia for a period of 3 months, you will eventually need to convert your Indian drivers licence to an Australian drivers licence to continue driving in Australia. If you become a resident in Australia and you pass this 3 month period OR even after you convert your Indian drivers licence to an Australian drivers licence, your Indian drivers licence would still be valid to drive in India - it shouldn't be destroyed!

What happens if my Indian drivers licence is destroyed?

If your Indian drivers licence has been damaged or destroyed, it may no longer be recognised by your motor registry in India and not valid in India (ie, you cannot drive in India). It may also mean that you have to have your Indian drives licence replaced and the process around that could be a little challenging, especially in the middle of the global pandemic. Obviously there are possible solutions to your problem if you find yourself in this situation, but the best solution is to avoid it in the first place.

What next?

Example: the solution

Gaurav kept his licence in his own hands at the counter and asked staff not to mark it. His Indian licence stayed intact, so it remained valid for driving in India and for his IDLV.

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.

FORM I - Declaration (affidavit required for the issue of New Passport) submitted to VFS

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

Example: the situation

Imran is applying to VFS for a new Indian passport, and his Form I declaration must be witnessed. The two justices of the peace he contacted aren't available this week.

If you can't find a justice of the peace for Form I, a notary public can witness it. Let's discuss this further.

VFS links and resources — Updated July 2026. Links in this article have been updated to the resources listed in our July 2026 VFS update and the VFS India website for Australia. Use the relevant VFS checklist for current requirements. This note concerns links and resources; the rest of this article has not been comprehensively reviewed.

Justice of the Peace or a Notary Public for Form I

If you're applying for a new Indian Passport from VFS, one of the documents you must provide is a declaration known as FORM I. This document must be declared, signed and witnessed by a justice of the peace or a notary public.

Using a justice of the peace is a free service - however, have you had problems in locating a justice of the peace?

If you can't find a justice of the peace, you can always use the services of a notary public. The difference between a justice of the peace for the purpose of FORM I is that while the justice of the peace is a free service, the notary public is not a free service.

If you need to apply for a new Indian Passport from VFS, you can sign FORM I in front of a notary public if you cannot find a justice of the peace.

What next?

Example: the solution

Imran booked an appointment with our notary public, who witnessed him sign Form I and notarised it. He submitted it to VFS with the rest of his passport application that week.

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.

Samruddhi Realty Limited - Liquidation and Proof of Claim by Financial Creditors

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

Example: the situation

Rajiv paid for a flat with Samruddhi Realty Limited, and the company is now in liquidation. He has to send FORM D, his proof of claim, to the liquidator in India before the deadline closes.

If you're claiming from Australia, FORM D needs to be notarised. Let's discuss what's involved.

Caught out by the collapse of Samurddhi Realty Limited?

Sadly, you're not the only one. The collapse of Samurddhi Realty Limited has caught out a few of our clients as well.

Our clients have come to us to witness their signature and to certify their passport as part of their FORM D - Proof of Claim by Financial Creditors. The proof of claim must be submitted to the liquidator and time is running out. Although the deadline has been extended due to the global COVID-19 pandemic, it will soon be closing. Don't delay.

FORM D requires you to provide:

• Your full name and identification information.
• Your address and contact information.
• The amount you are claiming, including interest.
• Provide an affidavit confirming the information about the property, the sale agreement, the construction agreement, and associated information.

If you're living in Australia and sending this document to India, it needs to be notarised and you may also need to notarise a copy of your passport as well. Time is running out so don't miss out.

What next?

Example: the solution

Rajiv brought his completed FORM D and his passport to our office. Our notary public witnessed his signature, notarised the form and certified a copy of his passport, and he sent them to the liquidator before the deadline.

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.

We reopen on 11 May 2020

With easing restrictions and the apparent low rate of community transmission, we have decided to reopen for notary public services (including face-to-face meetings) from 11 May 2020. Please be aware that social distancing principles according to NSW Health guidelines will still apply. We have also implemented our own protocols for your health and safety as well as the health and safety of others.

Please make an appointment before visiting our office.

Thank you for your understanding and patience.

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.

Indian Drivers Licence Verification - prove that you are the one and the same person

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

Example: the situation

Yash wants to convert his Indian drivers licence in NSW without repeating the whole licence process. His surname is spelt differently on his licence and his passport.

We only become involved in the IDLV when your names differ. Let's discuss what that means for you.

VFS links and resources — Updated July 2026. Links in this article have been updated to the resources listed in our July 2026 VFS update and the VFS India website for Australia. Use the relevant VFS checklist for current requirements. This note concerns links and resources; the rest of this article has not been comprehensively reviewed.

The Indian Drivers Licence Verification (IDLV) available through VFS is necessary to convert your Indian Drivers Licence to an Australian drivers licence in New South Wales. As a leading provider of notary public services, we don't get involved with this process unless your name on your Indian Passport and your name on your Indian Drivers Licence is different.

When your name on your Indian Passport and your Indian Drivers Licence is different, it's likely that you're going to encounter problems when you apply for an Australian drivers licence. Completing all the steps of the IDLV will confirm that you're the one and the same person in both your Indian Passport and your Indian Drivers Licence and that you've had the pre-requisite driving experience in order to convert your licence without having to go through the whole driving licence process again here.

For more information, please download the IDLV Checklist from the VFS website. Have you visited the VFS website lately? If you haven't, you should because they've recently updated the information and the forms.

The most recent edition of the IDLV Checklist is available here:

Download the IDLV checklist (PDF)

Example: the solution

Yash downloaded the current IDLV checklist from VFS, then brought his passport and licence to our office. Our notary public notarised the certificate confirming he is the one and the same person.

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.

A quiet time... thanks for your patience

Due to the current restrictions, our office remains closed to the public for notary public services. We thank you for your patience and continuing support. Normal services will resume once the restrictions have been lifted.

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.

COVID-19 and Office Closures

Due to the global COVID-19 pandemic, our office will be closed from today until further notice. 

Notary public services are not essential services and so travel restrictions apply.

We're still available to notarise documents remotely, specifically documents that do not require witnessing or personal attendance. Our team continues to work remotely and are available my telephone, email and video conference.

Please visit our Facebook page (Phang Legal on Facebook) for updates as to when we will reopen.

Thank you for your understanding and patience. Stay safe.

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.

FORM I - Issuing a new passport for children

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

Example: the situation

Swati and her husband are applying to VFS for a new Indian passport for their son. Form I must be signed in front of a justice of the peace or a notary public, and they can't find a justice of the peace available before their VFS appointment.

Form I can be witnessed by a justice of the peace or a notary public. Let's discuss your options.

VFS links and resources — Updated July 2026. Links in this article have been updated to the resources listed in our July 2026 VFS update and the VFS India website for Australia. Use the relevant VFS checklist for current requirements. This note concerns links and resources; the rest of this article has not been comprehensively reviewed.

Justice of the Peace or a Notary Public for Form I

If you're applying for a new Indian Passport from VFS for your child, one of the documents you must provide is a declaration known as FORM I. This document must be declared and signed by the child's parents in front of a justice of the peace or a notary public.

Using a justice of the peace is a free service - however, have you had problems in locating a justice of the peace?

If you can't find a justice of the peace, you can always use the services of a notary public. The difference between a justice of the peace for the purpose of FORM I is that while the justice of the peace is a free service, the notary public is not a free service.

If you need to apply for a new Indian Passport from VFS for your child, you can sign FORM I in front of a notary public if you cannot find a justice of the peace.

What next?

Example: the solution

Swati and her husband booked with our notary public instead. They both signed Form I in front of our notary public, who witnessed their signatures and notarised it, and they lodged it with VFS on time.

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.

Notary public services in 2020

Happy New Year! We look forward to serving you again in 2020. For notary public services for documents intended for India (including documents required by VFS), please call 02 9687 8885 to make an appointment.

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.

A free notary public in Sydney?

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

Example: the situation

Harsh searches online for a free notary public to witness his affidavit for India. The results lead him to notary fee pages, and a friend suggests a justice of the peace instead.

Free witnessing exists in Australia, but usually not for documents going overseas. Let's discuss why.

Where can you find a free notary public in Sydney?

For some reason - and this is not necessarily a blessing - many people seem to think that we provide free notary public services. We don't. It's simply them misunderstanding what Google or any other search engine is telling them.

Just because you search for the term "free notary public" or "notary public for free" does not guarantee that your search results will actually reflect the search terms. In many cases, despite using the keyword 'free', search engines will return searches that relate to 'fee' which means that 'free notary' can also result in 'notary fee'.

What about a justice of the peace?

If you're actually looking for free services to witness or certify documents, you're probably looking for a justice of the peace. The justice of the peace is an honorary community service role and their services are without charge (ie, free). However, the justice of the peace generally will only be recognised for documents used in Australia and not for use overseas.

If you need to sign something for use overseas or you need to certify your documents from Australia for use overseas, then you're probably going to need notary public services. This is especially important if your document must also be stamped with an apostille or authenticated by the Department of Foreign Affairs and Trade (and/or legalised by the foreign office of the intended destination country).

What about for documents going to India?

In most cases, documents that you need to sign or certify in Australia for use in India will need to be notarised by a notary public. Occasionally, you may be able to sign them or have them certified by a justice of the peace, however that's the exception and you're going to have to check it with your lawyer in India first. Some dealings with VFS specifically require you to have your documents notarised and sometimes you also need to have those documents stamped with an apostille from DFAT. All of these things involve the services of a notary public.

Paying for notary public services

There are recommended notary fees, but notaries may charge whatever they deem is appropriate. If you have something complicated, maybe the fees will be higher compared to something that is simple. Generally, a simple request like witnessing or certifying documents will attract a fixed nominal notary fee.

What next?

Example: the solution

Harsh realised a justice of the peace wouldn't be recognised in India for his affidavit. He requested a quote, signed the affidavit in front of our notary public, and had it notarised for use in India.

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 does notarisation, notary attestation, or consularise mean?

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

Example: the situation

Lalitha's lawyer in India asks for her documents to be 'notary attested and consularised'. She has no idea whether that means one step or three.

The terms people use for notarisation can be confusing. Let's discuss what they mean and what to ask your lawyer.

People often ask us about having their documents 'notarised' or 'attested' by a notary public or by the Indian Consulate, but what does that even mean?

In most cases, they don't know because that's just what their lawyer in India has asked and in this article, we discuss the meanings and give you tips on what you should be asking your lawyer in India to understand the exact requirement.

Notary. Notarised. Notarisation. Notary attested.

Many people use this word as both a noun and as a verb. But the simple fact is that a notary public is a position, title or a role - but it's not a verb. The verb is notarise, which means this is something that the notary public does. For example, the notary public notarises a document. But even the term 'notarisation' can include many different things.

Here are some things that can be considered to be notarisation:

• A notary public witnessing you sign a document.
• A notary public certifying a copy of a document.
• A notary public verifying the authenticity or information contained within a document.
• A notary public providing a notary certificate confirming a certain fact.

What about attested?

Occasionally, you may also hear the word 'attest' or 'attested' - but what does this mean? The word 'attest' specifically means that it something is declared to be true or is the evidence of truth. At the heart of what a notary public does is to provide confirmation of facts, whether that's to confirm someone's identity and to witness that they are the person signing a document, or it's to confirm that a document is a certified copy of an original document. Again, the word 'attest' or 'attested' is used in many different context but alone doesn't provide certainty as to what's specifically required.

And consularise?

Is 'consularise' an actual word/verb? Many clients ask for documents to be consularised which presumably means they want it to be stamped by the consulate. In Australia, the consular services for the Indian Government has been outsourced to VFS. In many cases, before VFS will stamp your document, it will need to be notarised by a notary public and sometimes also stamped with an apostille from the Department of Foreign Affairs and Trade (DFAT).

As both India and Australia are members of the Apostille Convention (see more here), then documents from Australia stamped with an apostille will be recognised in India. However, often despite this official position, some people in India will still want the document to be stamped by VFS before it will be accepted in India.

So what should you ask for?

As you can see, some of these terms aren't actually real words - and that makes it confusing when clients ask for help.

A good idea is to think that when you need notary public services, you need to clearly state whether it involves a person (ie, identifying someone, witnessing their signature, taking an oath or affirmation) or it involves the contents of the document and not specifically the person (ie, certifying a copy, verifying the information).

The difference between the two kinds of service will determine what steps need to happen in order to notarise or attest the documents.

What next?

Example: the solution

Lalitha asked her lawyer exactly what each step involved. Our notary public witnessed her signature and notarised the document, and she then followed her lawyer's instructions on the Consulate step.

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 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.

Do you always need a notary public? What about a justice of the peace?

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

Example: the situation

Kavya's contact in India says a justice of the peace can sign her declaration because it's quicker and free. Her cousin had the same kind of document rejected in India last year.

Technically, documents from Australia should be notarised and apostilled to be accepted in India. Let's discuss when that matters.

Why notarised?

In most cases, if you're sending documents back to India - you're going to need to have your documents notarised. The concept of having documents notarised is central to many transactions in countries all over the world, especially if you're transacting across different country borders.

Technically, for documents originating in Australia (ie, signed in Australia or Australian government documents), India should only accept them if they're stamped with an apostille issued by the Department of Foreign Affairs and Trade (DFAT). DFAT will only stamp a document with an apostille if it's an original Australian government document or if the document has been notarised by a notary public in Australia.

What's an apostille?

An apostille is a stamp issued according to the Apostille Convention (see more here) and recognised by member countries - such as Australia and India. Simply put this means if your document is stamped with an apostille on behalf of the Australian government, then government offices in India should recognise it as being a valid document. This is the formal approach and as stated, technically the correct process and procedure that all documents from Australia to India should follow.

Why only technically?

In practice, not everything strictly follows the technical requirements. Maybe whoever you're dealing with in India isn't familiar with the technical requirements or they have/follow their own requirements. For example, some people are asked to obtain the 'Indian Consulate' stamp which is only available from VFS (on behalf of the Government of India) and this may also involve obtaining an apostille as well. However, the majority of clients that we assist only need to have their documents notarised and stamped by a notary public.

What about a justice of the peace?

A justice of the peace is not a notary public. While signing or certifying documents in front of a justice of the peace in Australia can be used in Australia, it wouldn't be commonly accepted overseas in other countries - including India. Generally, the minimum requirement (aside from the apostille or 'Indian Consulate' stamp) for documents from Australia going to India would be to have them notarised. Some forms and documents can be stamped by a justice of the peace if you are submitting them to VFS, but if you're sending your document directly to India then consider having them stamped by a notary public.

If your document needs to be stamped with an apostille, DFAT won't recognise a stamp or signature of a justice of the peace - it has to be an original Australian government document or a document that's been notarised by a notary public.

Example: the solution

Kavya asked her lawyer in India which formal steps her declaration needed. She then signed it in front of our notary public, who notarised it, and we arranged the apostille her 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.