From Australia, sign the power of attorney before a notary public and lodge it with the Department of Foreign Affairs and Trade for an apostille. Indian passport holders can alternatively attend the High Commission in Canberra or a Consulate General. The original is couriered to India and stamped there within three months of arrival.
- Document route
- Notary + DFAT apostille, or Indian mission
- Time difference
- Ahead of IST by 2.5 to 5.5 hours
- Handled in India at
- Collector of Stamps and sub-registrar
- Travel to India
- None
How it works from Australia
We send the draft with a signing sheet for the notary: your identity documents, two witnesses, signatures on every page and the notarial certificate. DFAT apostilles are issued through its passport offices or by post. Allow about a week for courier to India.
In India the document is stamped and, for a sale, presented to the Sub-Registrar. We check in advance what that office expects, such as photographs or thumb impressions, so the document is not sent back.
What is different for NRIs in Australia
- Use a special power naming the property and transaction.
- Australian citizens are usually directed to the apostille route.
- Plan four weeks ahead of registration.
Step by step from Australia
Free review call
Calls are held in your afternoon, which is the Indian morning. We read your papers on a power of attorney for India first, so the call is about your options and not a repeat of the facts.
Authority from Australia
Where a representative must act for you in India on a power of attorney for India, you sign before an Australian notary public and obtain the DFAT apostille, or attend the Indian mission for your state. We draft the document and send signing instructions.
Work in India
In India, the attorney holder pays stamp duty within three months of the document arriving and registers it where the state requires. Updates for clients in Australia go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive a scan of the stamped power of attorney, and a revocation deed is prepared once the work is finished. Originals are couriered to your address in Australia if you need them.
The law in full
This page covers what changes when you handle a power of attorney for India from Australia. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Power of Attorney for India. For other matters, see all legal services for NRIs in Australia or the Property & Real Estate practice area.
Questions from NRIs in Australia
Can a JP witness my power of attorney for India?
No. It should be signed before a notary public and apostilled by DFAT, or attested at the Indian mission.
How long does a DFAT apostille take?
From same day to a couple of weeks depending on the office and method.
Is an Australian enduring power of attorney valid in India?
No. A separate power of attorney drafted for India is required.