A complete guide for NRIs in Australia on executing a Power of Attorney (PoA) for use in India — DFAT apostille process, Justice of the Peace or Notary Public witnessing, Indian High Commission alternative in Sydney and Melbourne, and adjudication at the Sub-Registrar in Kerala.
Quick Summary
Australia is a member of the Hague Convention Abolishing the Requirement of Legalisation (1961). A Power of Attorney (PoA) executed in Australia, witnessed by a Notary Public or Justice of the Peace (JP), and apostilled by the Australian Government — Department of Foreign Affairs and Trade (DFAT), is directly accepted in India without any additional Indian High Commission attestation. After the apostilled PoA arrives in India, it must be adjudicated at the Sub-Registrar's office in Kerala under Section 18 of the Registration Act, 1908 before it can be used for property transactions.
The Indian High Commission route is also available — executing the PoA at the Indian High Commission in Canberra or at Indian Consulates General in Melbourne or Sydney. For NRIs in Melbourne and Sydney — where the Malayali community is concentrated — the Consulate route is particularly convenient. The DFAT apostille route is the practical alternative for NRIs in other cities or those who prefer not to attend a Consulate in person.
Key references: MEA — Apostille India · Kerala Registration Dept · Ministry of External Affairs · Last reviewed: June 2026
Australia is a member of the Hague Convention Abolishing the Requirement of Legalisation (1961). The Australian Government's competent authority for issuing apostilles is the Department of Foreign Affairs and Trade (DFAT), through its Australian Government Authentications service. An apostille issued by DFAT is directly accepted in India — no Indian High Commission attestation is additionally required.
DFAT apostilles documents that have been signed or witnessed by a Justice of the Peace (JP), a Notary Public, an Australian Consular Officer, or a court officer. The wide availability of JPs across Australia — at police stations, libraries, Service NSW centres, and many workplaces — makes the authentication process relatively accessible for NRIs outside major cities.
The PoA should be drafted with all specific authorisations needed for the Kerala transaction. A property sale or purchase PoA should name the property, authorise execution of deeds before the Sub-Registrar, payment of consideration, and application for mutation at the Village Office.
The PoA must be witnessed by an authorised person. For documents intended for international use, the two common options in Australia are:
After the PoA is witnessed, it is submitted to DFAT's Australian Government Authentications service for apostille. Submissions can be made by post to DFAT in Canberra or in person at select DFAT offices. Processing typically takes 10 to 15 business days for postal submissions. DFAT charges a fee per document.
Several private document authentication services operate in Australia and can submit to DFAT on your behalf, often with faster turnaround.
The apostilled PoA is sent to Kerala by international courier and adjudicated at the Sub-Registrar's office under Section 18 of the Registration Act, 1908. Adjudication takes 1 to 3 working days and is mandatory before the PoA can be used for property transactions.
NRIs in Australia may also execute the PoA directly before a Consular Officer:
A Consulate-executed PoA is directly valid in India without DFAT apostille. For NRIs in Perth and Adelaide, the DFAT postal route or travel to Sydney/Melbourne for the Consulate are the practical options. The DFAT apostille route is particularly useful for NRIs outside the east coast cities.
Justice of the Peace availability varies significantly by state:
New South Wales: JPs are available at NSW Service Centres throughout the state and many hospitals, police stations, and libraries. The NSW JP register is publicly searchable.
Victoria: JPs are widely available at police stations, local councils, and community legal centres. Victoria also has a JP finder on the Justice Victoria website.
Queensland: JPs are widely available at Queensland Police Service stations and many offices across the state.
Western Australia (Perth): JPs are available at police stations and some government offices. For NRIs in Perth — a growing Malayali community — the DFAT postal apostille route to Canberra is the most convenient option since there is no Indian Consulate in Perth.
South Australia (Adelaide): JPs available at police stations and Magistrates' Courts. Similarly, no Indian Consulate in Adelaide.
Apostilles are issued by the Department of Foreign Affairs and Trade (DFAT) through the Australian Government Authentications service. DFAT apostilles documents witnessed by a Justice of the Peace, a Notary Public, an Australian Consular Officer, or a court officer.
Yes. NRIs can execute the PoA at the Indian High Commission in Canberra or at Indian Consulates General in Melbourne or Sydney. A High Commission-attested PoA is directly valid in India without DFAT apostille.
Both a Notary Public and a Justice of the Peace (JP) can witness documents for DFAT apostille. A Notary Public is a qualified legal practitioner preferred for complex or high-value legal documents. A JP is more widely available at police stations, libraries, and government service centres at no cost, and is suitable for straightforward PoAs.
Yes. After arriving in India, the apostilled PoA must be adjudicated at the Sub-Registrar's office in Kerala under Section 18 of the Registration Act, 1908. This is mandatory before the PoA can be used for property transactions.
Postal submissions to DFAT in Canberra typically take 10 to 15 business days. Private authentication agencies can often expedite this to 3 to 5 business days. After the apostilled PoA arrives in India, Kerala adjudication takes 1 to 3 working days.
The office drafts the PoA in Kerala, advises on DFAT apostille or Indian High Commission execution in Australia, and handles adjudication and the authorised transaction in India. Full process managed remotely.
luka@lukeandluka.in+91 96057 61330