Someone in Germany can get most Indian legal work done without travelling. Documents meant for India are signed before a German notary, the notary's signature is usually pre-certified by the competent Regional Court or authority, and the paper is then attested by the Indian Embassy in Berlin or a Consulate General. An apostille alone is not accepted because the Convention is not in force between India and Germany. Once the attested document reaches India, it is stamped and your lawyer or attorney holder acts on it.
- Document route
- German notary, pre-certification, then Indian mission attestation
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- Not in force: Germany objected to India's accession
Who we help in Germany, and with what
The Indian community in Germany has grown quickly over the last decade. Engineers and IT specialists on the EU Blue Card, researchers, doctors and a very large number of students now live in cities such as Berlin, Munich, Frankfurt, Stuttgart, Hamburg and Cologne. Alongside them, German companies of every size, from large automotive and engineering groups to family-owned Mittelstand firms, run factories, sourcing offices and technology centres in Pune, Chennai, Bengaluru and the National Capital Region.
The matters we see from Germany follow those two groups. Individuals need powers of attorney for property and bank work, help with inherited land, document attestation for Indian offices, and OCI questions once they take German citizenship. Companies need Indian subsidiaries, supply and distribution contracts, trademark protection before a product launch and employment documents for their first Indian hires.
How documents are signed and legalised in Germany
India joined the Hague Apostille Convention in 2005, but Germany lodged an objection to India's accession. The practical result is that a German apostille is not accepted in India, and an Indian apostille is not accepted in Germany. Papers for India therefore go through the older legalisation chain, which is set out on our apostille and attestation page.
For a typical power of attorney or affidavit, the steps are: signature before a German notary (Notar), who identifies you from your passport; pre-certification of the notary's signature, usually by the president of the relevant Landgericht (Regional Court) or the competent authority in your federal state; and attestation by the Embassy of India in Berlin or the Consulate General responsible for your state. Each mission publishes its own checklist and may use an outsourced service provider, so we confirm the current requirements before you book the notary. Documents travelling the other way, from India to a German authority, are often checked through a verification procedure arranged by the German missions in India rather than by apostille.
Most requested services from Germany
These are the six services people and companies in Germany ask us for most often. The legalisation chain and Germany's position on the apostille shape almost all of them.
Apostille & Attestation
Because the apostille does not apply between India and Germany, almost every German document for India needs mission attestation.
Indian Subsidiary Setup
German manufacturers and technology firms usually enter India through a wholly owned private limited company.
Power of Attorney
Indians in Germany need an attorney holder in India for property, bank and court work they cannot attend in person.
Trademark Protection in India
An EU trademark gives no protection in India, so German brands must file in India directly or through the Madrid Protocol.
Commercial Contracts
German suppliers and buyers need Indian-law contracts with an arbitration clause that can actually be enforced.
OCI Card Issues
Taking German citizenship ends Indian citizenship, so renunciation and the OCI card become urgent.
Tax treaty and money flows between Germany and India
India and Germany have a comprehensive double taxation avoidance agreement. For an individual living in Germany, it decides which country taxes rent from an Indian flat, interest on NRO deposits and capital gains on Indian property, and how the tax paid in one country is credited in the other. To claim treaty benefits in India you normally need a German tax residence certificate and Form 10F.
Money moves out of India through the NRO account route, subject to the RBI limit of USD 1 million per financial year and the Form 15CA and 15CB process. German companies funding an Indian subsidiary follow FEMA reporting on the RBI FIRMS portal. Remember that German tax authorities will also expect Indian income to be declared in your German return, so we work alongside your Steuerberater where needed. See our NRI income tax page for the Indian side.
Family law and German court orders in India
Germany is not a reciprocating territory under section 44A of the Code of Civil Procedure. A German money judgment cannot be executed directly in India; the creditor files a fresh suit in India and relies on the German judgment as evidence, and the Indian court examines it under section 13. For commercial disputes this is the main reason German companies prefer arbitration, because a German-seated award can be enforced in India under the New York Convention.
A German divorce decree is recognised in India only if it meets the tests laid down by the Supreme Court: the German court must have had jurisdiction, the ground must be one available under the law under which the couple married, and the other spouse must have taken part or consented. Where a spouse in India never participated, a fresh Indian petition is often the safer route. Custody orders from German family courts are given weight but are not automatically enforced, because India is not a party to the Hague Child Abduction Convention.
Practical points for clients in Germany
India is three and a half hours ahead of German summer time and four and a half hours ahead in winter, so a morning call in Frankfurt falls in the Indian afternoon, which suits court and registry hours well. We schedule calls around your working day and send short written updates in English after each hearing.
Indian courts increasingly allow evidence by video link, so a witness in Germany may be examined without flying. Original documents still have to reach India, and we recommend tracked international courier rather than post. Keep a scanned copy of everything attested, because a lost original means repeating the entire notary, pre-certification and mission sequence.
More services for clients in Germany
Each of these has its own page written for clients in Germany, covering how documents are signed there and what happens in India.
- Property Disputes
- Buying & Selling Property
- Title Search & Due Diligence
- Mutation & Transfer
- Partition of Family Property
- Encroachment & Illegal Possession
- Builder Delay & RERA
- Tenant Eviction
- Repatriation of Funds
- NRI Income Tax & DTAA
- Legal Advisory for NRI Investors
- Shareholder Disputes & NCLT
- Accident Compensation Claims
- Criminal Defence & Look Out Circulars
- Succession Certificate
- Divorce for NRIs
All services for clients in Germany
NRI Property Law
- Property Disputes
- Encroachment & Illegal Possession
- Partition of Family Property
- Buying & Selling Property
- Title Search & Due Diligence
- Tenant Eviction
- Builder Delay & RERA
Inheritance & Documents
Cross-Border Family Law
- Divorce for NRIs
- International Child Custody
- Maintenance & Alimony
- Marriage Registration
- 498A & Dowry Case Defence
- OCI Card Issues
Doing Business in India
- Company Setup for Foreigners
- Indian Subsidiary Setup
- Branch & Liaison Office
- FDI & FEMA Compliance
- Trademark Protection in India
- Commercial Contracts
- Employment Law for Foreign Employers
- GST for Foreign Businesses
- Investing in Indian Startups
- Legal Advisory for NRI Investors
Disputes & Enforcement
- International Arbitration
- Enforcing Foreign Judgments
- Money Recovery from India
- Shareholder Disputes & NCLT
- Accident Compensation Claims
- Cyber & Investment Fraud
- Criminal Defence & Look Out Circulars
Cross-Border Tax & Money
Indian missions in Germany
Attestation for documents signed in Germany is handled by the mission responsible for your federal state.
- Embassy of India, Berlin
- Consulate General of India, Frankfurt
- Consulate General of India, Munich
- Consulate General of India, Hamburg
Frequently asked questions
Can I get a German apostille on a power of attorney for India?
No. Germany objected to India's accession to the Apostille Convention, so the Convention does not operate between the two countries. Indian registrars and courts expect the document to be attested by the Indian Embassy or a Consulate General in Germany after the notary's signature has been pre-certified.
Which Indian mission should attest my document?
The mission whose jurisdiction covers the federal state where you live or where the notary is based. Berlin, Frankfurt, Munich and Hamburg each cover particular states. We check the current jurisdiction list and checklist with you before signing.
Can a German court judgment be enforced in India?
Not directly. Germany is not a reciprocating territory, so you must file a fresh suit in India based on the judgment or the underlying claim. The German judgment is strong evidence if it satisfies section 13 of the Code of Civil Procedure.
I became a German citizen. Is my Indian passport still valid?
No. Indian citizenship ends automatically on voluntary acquisition of another citizenship. You should surrender the Indian passport, obtain a renunciation certificate and then apply for an OCI card. Travelling on the Indian passport after naturalisation can lead to penalties.
Do I need to fly to India for a property sale?
Usually not. A properly attested special power of attorney lets a trusted person in India sign and present the sale deed. Some sub-registrar offices and banks have extra requirements, which we check in advance.
Is India's tax treaty with Germany useful for my rental income?
Yes. It allocates taxing rights and gives credit for tax paid in India against German tax on the same income. You will need a German tax residence certificate and Form 10F to claim treaty rates in India.
Can I attend an Indian hearing from Germany?
Many Indian courts permit appearance and evidence by video conferencing, subject to the court's rules and approval. Your lawyer appears in person for routine dates, so you join only when your presence matters.
Does ProudLegal have an office in Germany?
No. We work from Mohali in India and serve clients in Germany remotely through video calls, email and secure document sharing, with timing set around German working hours.