A power of attorney for use in India is signed in Australia before a notary public and apostilled by DFAT, or, for Indian passport holders, signed before the consular section of the High Commission or a Consulate General. The original is couriered to India, stamped within three months of arrival and, for property transactions, often authenticated or registered with the sub-registrar. It should be specific to the purpose, so that banks and registrars accept it without question.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Recognition
- Section 33, Registration Act 1908
- Authentication
- Indian mission, or notary plus apostille
Power of Attorney from Australia: how it works
We draft the power around the task: selling a named flat, managing rent, dealing with a bank or representing you in a case. Generic powers are increasingly refused by registrars, and some states restrict the use of general powers for property sales altogether. You review the draft by email, then sign before a notary in your state with your passport. The notary attaches a certificate, and you send the document to DFAT for an apostille, by post or through the online service, before posting it to India.
When the document arrives, we arrange payment of stamp duty under the state's stamp law and, where needed, registration or authentication under sections 32A and 33 of the Registration Act, which can require photographs and thumb impressions of the executant affixed abroad. The attorney holder then uses it with the relevant office. Remember that a power ends on the death of the person who gave it, and you can revoke it at any time by a registered or notified revocation, which we can prepare from Australia.
What clients in Australia should know
- Some Australian notaries are unfamiliar with Indian requirements for photographs and left thumb impressions on the power; we mark these on the draft so nothing is missed at the appointment.
- OCI cardholders who are Australian citizens sign as foreign nationals, so their power uses the notary and DFAT route rather than the consular route available to Indian passport holders.
- A power used to sell property may have tax consequences for the attorney holder if misused, so choose someone you trust and limit the power to the transaction.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Power of Attorney, or see all services for clients in Australia and the Inheritance & Documents practice area.
Questions from clients in Australia
Does the power of attorney expire?
Not automatically, unless it says so. It ends on the death of either party, on revocation or when its specific purpose is completed. Many offices prefer recent powers for major transactions.
Can I sign electronically?
Indian sub-registrars and courts generally require a wet-ink signature with notarial and apostille certificates on paper. Avoid remote or electronic notarisation for Indian documents unless we confirm it will be accepted.
How long does the DFAT apostille take?
It depends on DFAT's current processing time and whether you use the post or online service. Allow a few working days plus courier time.