What you need for India
Why people send Canadian documents to India
Each situation has its own requirements. Here are the ones we see most often, with the detail that avoids a refusal.
Power of attorney to sell or manage property in India
This is the most common request: you live in Canada and a sibling, a parent or a lawyer needs to sign for you at the land registration office or the bank. The power of attorney is signed before a Canadian notary, then apostilled. The Consulate General of India in Toronto states that an apostilled power of attorney does not have to be submitted to its attestation centre.
A death in Canada and an estate in India
To transfer land, close a bank account or obtain a legal heir certificate in India, you will be asked for the Canadian death certificate. It is the certificate issued by the provincial vital statistics office that can be apostilled, not the statement from the funeral home. Repatriating the body is handled separately with the Indian consulate, whose document list does not mention an apostille.
A marriage or divorce granted in Canada
A Canadian marriage certificate is used in India for an estate, a bank file, a spouse visa application or a family law matter. A divorce granted in Canada is often requested before remarrying in India or to divide property. In these cases, an apostille on the provincial document or on the court-certified copy settles the legalization question.
Setting up a company or subsidiary in India
A Canadian business or entrepreneur who becomes a founding shareholder of an Indian company has to provide signed documents to the Registrar of Companies. India's company incorporation rules provide that, for a subscriber living in a Commonwealth country such as Canada, the signature is notarized locally; for other Convention countries, an apostille is provided for.
Which Canadian authority apostilles your document
The authority depends on where in Canada the document was issued or notarized, never on where you live now or where the document is going. We confirm it at the free pre-check, before you send anything.
| Document | Canadian authority | Notary first? |
|---|---|---|
| Birth, marriage or death certificate | The province that issued it (Québec, Ontario, BC, Alberta, Saskatchewan), or Global Affairs Canada for all others | No |
| RCMP criminal record check | Global Affairs Canada | No |
| Degree, diploma, transcript | The province of the institution | Often, depending on the province |
| Power of attorney, statutory declaration, affidavit | The province of the notary or lawyer | Yes, the notarial act is what gets apostilled |
| Corporate documents | The province of the registry, or Global Affairs Canada for Corporations Canada | Sometimes, depending on the document |
Do you need a translation for India?
English is a working language of Indian government offices, courts and banks. Your Canadian documents written in English therefore generally do not need a translation. Quebec documents written in French (a birth certificate from the Directeur de l'état civil, a judgment, a notarial deed) will often have to be translated into English. India has no national body of sworn translators like those in Europe: depending on the authority, a translation by a translator certified in Canada is generally accepted.
Our advice: have the translation done in Canada and ask the Indian authority whether the translation itself needs an apostille. If the apostille is written only in French, as is often the case for a Quebec document, also check whether it has to be translated. The authority that receives your document decides; we confirm these points during our pre-check.
Three mistakes that delay a file for India
Avoid this
Letting the power of attorney sit
In India, an instrument signed abroad generally has to be presented for stamp duty within three months of being received in the country, under the stamp law that applies in the state. After that, the registration office can refuse the document or impose a penalty. Only send the power of attorney when the person in India is ready to act.
Avoid this
Names that do not match
A name spelled differently on the Indian passport and the Canadian certificate (compound first name, father's surname, married name) is a frequent cause of delays. The Indian consulate's checklists ask for a notarized declaration when names differ. Check the spelling before ordering your certificates and prepare that declaration if needed.
Avoid this
A certified photocopy instead of the official certificate
A photocopy certified by a notary and then apostilled only proves the notary's signature. For a birth, marriage or death certificate, the Indian authority generally expects the certificate issued by the provincial vital statistics office, apostilled as is. Start from the official document whenever possible.
Useful guides: Powers of attorney · Death certificates · Video notarization from abroad · Certified translation
Does India accept Canadian apostilles?
Do I still need the Indian consulate to attest my document?
Do I need an apostille for an OCI card application filed in Canada?
How long can my power of attorney be used in India?
My Quebec document is in French. Does it need translating?
I live outside Canada. Can I still prepare a Canadian document for India?
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