Key takeaway
Get the draft right in India first, sign it abroad in the form the receiving office accepts (apostille or Indian mission attestation), send the original by tracked courier, and have it stamped in India within three months of receipt.
Step 1: Draft in India
Ask your lawyer in India to prepare or review the document. Banks, sub-registrars and courts often have their own formats, and a document that does not match can be rejected.
Step 2: Choose how to sign
- Notary and apostille — in countries party to the Apostille Convention whose apostilles India accepts.
- Indian mission — sign before the consular officer at an Indian embassy or consulate. This is the usual route where apostille is not available, for example in some Gulf countries and Germany.
- Affidavits for Indian courts can be sworn before officers authorised under the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948.
Step 3: Courier the original
Use a tracked courier and keep scans. Originals may be retained by the registering office or court.
Step 4: Stamp in India
Instruments executed outside India must be stamped within three months of first being received in India, under Section 18 of the Indian Stamp Act, 1899 or the corresponding state law — usually by adjudication at the stamp office.
Step 5: Register where required
Documents such as sale deeds and powers of attorney used for registration must meet the Registration Act, 1908. A power of attorney executed abroad must be authenticated as Section 33 requires.
Common documents
- Power of attorney — specific to the property or task
- Affidavits — for banks, courts, name changes and heirship
- No-objection and release documents for family property
- Vakalatnama — authorising a lawyer to appear in court
- Consent and settlement documents in family cases
Practical tips
- Match your name exactly across passport, OCI card and Indian records.
- Carry your passport and copies of property papers to the appointment.
- Check the mission’s website for appointments, fees and witness requirements.
- Diary the three-month stamping deadline.
Frequently asked questions
Is an apostille enough without stamping?
No — instruments still need stamp duty in India.
Does a vakalatnama need an apostille?
Practice varies by court; many accept a notarised vakalatnama, but check with your lawyer.
Can I sign electronically?
Some documents can be signed electronically, but registered instruments and many court documents still need physical signatures.
Related LegalCops services
- Apostille and attestation
- Guide: power of attorney from abroad
- Guide: apostille or consular attestation
- Country guides
References
- Indian Stamp Act, 1899 — Section 18; state stamp laws
- Registration Act, 1908 — Section 33
- Diplomatic and Consular Officers (Oaths and Fees) Act, 1948
- Hague Apostille Convention, 1961
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
