Do you need witnesses for the General Power of Attorney or Special Power of Attorney for India?

Why do you need witnesses?

Many clients ask us whether they need to have witnesses for their power of attorney (both General Power of Attorney and Special Power of Attorney) for India. If you find yourself in the same situation, the simple answer is that you should ask your lawyer in India.

Many of the 'standard' forms and templates for the power of attorney that clients show us (either provided to them by their lawyer, by their bank or by a government office) include a place for 1 or 2 witnesses.

If you were to sign these powers of attorney in India, then presumably you would just follow the requirements in the documents and sign it in front of those witnesses. Those witnesses would then include their details (ie, full name and address) and sign in the spaces provided once you have signed in front of them. Signing in their presence is generally necessary as that is the obligation of the witness to verify that you have signed in front of them.

But what if you are signing the power of attorney here? Do these same requirements apply when you are living in Australia and you are signing the power of attorney for India? Your lawyer in India should be able to advise you on this specific requirement.

Signing the Power of Attorney in Australia

In most cases, if you are living in Australia but you are signing the power of attorney to be used in India, then you would need to sign that power of attorney in front of a notary public (perhaps in addition to the witnesses).

The General Power of Attorney and the Special Power of Attorney must be attested. While the word 'attested' does not clearly indicate what needs to be done to the document, generally this will mean that you must sign the document in front of the notary public and the notary public certifies that you identified yourself by photograph identification and that you signed the document in front of the notary public.

In addition to notarisation, sometimes the notarised power of attorney must also be attested by VFS on behalf of the Indian Consulate. If you are not sure, then these are the questions that you need to ask your lawyer in India. If you have been asked to have your document attested by VFS, then you will also need to check the VFS requirements on their website (ie, there are checklists for documents such as the power of attorney) and ensure that you satisfy them before you visit VFS. These requirements could also include having the notarised power of attorney stamped with an apostille from the Department of Foreign Affairs and Trade (but if you want to know more about this, maybe look through some of the other articles that we have written on this blog).

Get the right advice

Whatever transaction you are planning in India, whether it is to do with property dealings, financial and money matters, or court and legal action, your lawyer who is assisting you with those things will be the best person to advise you as to the specific requirements that they must satisfy in order for your document to be accepted in India. If you do not satisfy these requirements, then you run the risk of having your document rejected and starting all over again - not only a waste of money but a waste of time as well.

Unfortunately, in our experience, many clients do not obtain the right (or clear) advice from their lawyer in India. If this happens to you too, there is not much that we can do to assist in this process and it is up to your lawyer in India to either inform themselves of the specific requirements of whatever they are doing for you - in the context of you being in Australia but signing documents for India - or potentially refer you to another lawyer in India who might be more familiar with the requirements.

Some clients have approached us with documents, like the power of attorney, prepared by lawyers in Australia. We generally do not recommend doing that if those lawyers are not familiar with the laws or the process and procedures in India (keep in mind that there can also be differences between each state and various localities as well as various courts and government offices). A lawyer in Australia is going to be so detached from whatever you are actually doing in India that they are only really guessing what is required without actually knowing what is required. Accordingly, your best advice is always going to be from your lawyer in India especially the lawyer who will actually be using the power of attorney to assist you in whatever you are hoping to achieve in India.

Who can be your witness?

We only provide the services of the notary public and not of other witnesses. If you need to have additional witnesses, you will need to bring them with you - preferably someone that you know rather than a 'stranger'. Your witnesses will also need to be able to properly identify themselves (ie, passport) and be present at the same time as you when you come for your appointment. When we notarise your document we will also confirm that you AND your witnesses both appeared and signed the document in our presence.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Form V - Can you help me complete this form?

Lost your Indian passport or damaged your Indian passport?

If you've lost or damaged your Indian passport, you'll need to apply to VFS for a replacement. The way you do this is by submitting Form V (please make sure you visit the VFS website to obtain the latest version of this form as it could change without notice).

FORM V, also known as the AFFIDAVIT FOR A PASSPORT IN LIEU OF LOST/DAMAGED PASSPORT, requires you to complete the details contained in the affidavit and then declare and sign it in front of a notary public - that's us!

What information do you need for FORM V?

FORM V contains a number of questions that you must answer. If you don't properly answer the questions or provide the information necessary, your form could be rejected.

I S/o, D/o, W/o Shri... residing at ...

Solemnly affirm as follows:

1. State how and when the passport was lost/damaged and when FIR was lodged at which Police Station and how many passports were lost/damaged earlier?

2. State whether you travelled on the lost/damaged passport, if so state flight number and date and port of entry into India?

3. State whether you availed of any TR concessions/FTS allowance and if so details thereof?

4. State whether non-resident Indian and if resident abroad, the details of the residence as follows:

  • Name of the Country
  • Length of Residence from ...to...
  • Page Nos. of passport bearing departure and arrival stamps

5. State whether the passport had any objection by the PIA and if so the details thereof.

6. State whether you were deported at any time at the expense of the Government and if so was the expenditure incurred reimbursed to Government of India.

I further affirm that I will take utmost care of my passport if issued and the Government will be at liberty to take any legal action under the Passport Act, 1967, if the lapse is repeated.

Still not sure?

If you're not sure how to complete this form, you need to speak to VFS. Ultimately, our role is to confirm your identity, take your declaration, witness your signature and notarise your document.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Attesting copies of your passport - it's easy!

VFS checklist for document attestation

Have you noticed that many of the requirements for VFS have changed, especially for people living in New South Wales? Previously, copies of documents submitted to VFS could be attested or certified by a justice of the peace. That rule no longer applies for people living in New South Wales. If you live in New South Wales, copies of your original documents (such as passports) now must be attested and certified by a notary public (ie, notarised).

As a leading provider of notary public services, we're often asked to help people with attesting their passports. In many cases, clients need to submit a certified and notarised copy of their passports with their applications to have documents like a general power of attorney or special power of attorney attested by VFS. In some cases, the attested copy of their passport is required when applying for new passports, or applying for police checks, or applying for the OCI for them or their children.

How do I get my passport attested?

The process is simple. You just need to bring your original passport to our office, and we'll take care of the rest! It's actually a really quick process with some clients (especially if they've made an appointment) in and out within 5 minutes. It's that quick. It's that simple.

Do I have to make an appointment to attest my passport?

It's always recommended to make an appointment because this ensures that we're able to help you at the time you want to be helped. You could always just come to our office at your convenience, but that doesn't necessarily mean we can help you at that time as we're normally booked with other appointments to help other people. If you're happy to take your chances and to possibly wait, then an appointment is not necessary - but still recommended.

How do I make an appointment to have my passport attested?

Just contact us. It's best to make an appointment by calling us, but you can also contact us by email or by Facebook Messenger - through our website. Calling us ensures that the booking can be made in the fastest and easiest way, especially because most people call and so appointment times can be taken quickly and a lot faster than if you're trying to make a booking by email or Messenger.

Do I need to come in person for my passport to be notarised?

No, if we're just certifying or attesting a copy of the original passport, and we're not required to verify your identity or provide confirmation that you're the person in the passport, then you don't have to come to our office in person. You can send someone else as long as they bring your original passport with them. You could always send the original passport to us by mail, but we don't recommend doing this and we wouldn't return your original passport by mail either - it would only be by courier.

Can I bring someone else's passport to be attested

Yes, as long as you have the original passport then we can still copy and attest that passport even if the person who holds that passport is not present. If you're bringing someone elses passport to our office, our office will still need you to bring your own photograph identification (which could include your own passport) as proof of who you are for our records.

Do I need to make and bring my own copies of my passport?

If you need to have coloured copies of your passport, then you need to bring your own copies. Otherwse, and in most cases, our office will make our own copies of your passport - but it will be a black and white copy.

Will you attest all pages of my passport?

We'll attest whatever you need to have attested. In most cases, our clients only require the front and back page of the passport, if they carry an Indian Passport. Otherwise, if you have any other passport then generally it's only the front page. If you need to attest all pages of your passport, that's not a problem but be aware that our normally low cost fixed fee may change with the increasing number of pages that you need to have attested.

Will you attest the visa page in my passport?

These days, Australian visas no longer appears as a label in the passport. The only way to obtain evidence of the Australian visa is through the Visa Entitlement Verification Online (VEVO) system. The requirement to attest the visa label in some VFS checklists may be outdated, or written with references to or based on other country requirements - not Australia. If you are concerned about satisfying this requirement, you should contact VFS directly to clarify. We can attest your VEVO or visa grant documents, however the cost associated with attesting this document is separate to and more expensive than attesting the passport.

Will you attest an expired passport?

If the expired passport is clearly an original passport, despite being expired, we'll still attest it. Attestation is simply confirmation that the document being attested is the copy of the original document regardless of its current status or validity. Whether you should be relying on an expired passport or should be using some other document is another question and you should check with VFS (or your lawyer handling whatever transaction you're involved in) before spending the money to have your expired passport attested.

Can I get my passport attested for free?

If you see a justice of the peace to certify a copy of your passport, then their service is free. If you are sending a copy of your passport overseas, cerification by a justice of the peace may not be acceptable. Generally, documents sent overseas (including copies of passports) need to be notarised by a notary public in order to be accepted. If you are sending your documents to VFS first, then make sure you follow the relevant VFS checklist which should detail whether your passport can be certified by a justice of peace (for free) or whether it needs to be attested by a notary public and essentially notarised. If your document must be notarised, there's usually a notary fee involved.

How much does it cost to attest my passport?

Fortunately, we have low cost fixed fees to attest copies of passports. Pricing will change from time to time and so it's always best to call and obtain a quote before you book an appointment, or you can visit our website and use our quoting tool. We try to maintain a notary fee that's lower than the recommended notary fees just to offer you that little bit extra in savings, especially for simple notary services like notarising copies of passports. We promise you won't be disappointed.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

UPDATE - Affidavit for the Indian Drivers Licence Verification

What is the IDLV process?

If your name in your Indian drivers licence and your Indian passport is different, you will have problems when you want to convert your licence to an Australian licence and have your previous driving experience recognised in Australia. In addition to any other requirement in the IDLV Checklist, you must also have an affidavit signed by a public notary verifying that you are the one and the same person.

As a leading provider of notary public services in Sydney, we help many clients with the IDLV process and offer 2 option for our services.

  • We prepare the notary certificate and the affidavit to verify that you are the one and the same person. You would then need to apply for your own apostille from the Department of Foreign Affairs and Trade (DFAT) before submitting your application with the notary certificate, affidavit and the apostille with the rest of the IDLV Checklist requirements to VFS.
  • We prepare the notary certificate and the affidavit to verify that you are the one and the same person, AND we also obtain the apostille from DFAT so that you do not have to look after that part of the process yourself. You would still need to submit your application with the notary certificate, affidavit and the apostille with the rest of the IDLV Checklist requirements to VFS.
Aside from the notary certificate which provides our verification that you are the one and the same person, the affidavit that we prepare is also your declaration that the person referred to in your Indian passport and the person referred to in your Indian drivers licence is the one and the same person.
Are you an
Indian national?
Are you an...
Do you have an
Indian drivers licence?
Do you have an...
Is your name on your passport
and your licence different?
Is your name on your passport...
Are the photographs clear
and the text is legible?
Are the photographs clear...
Are all other information identical?
(ie, date of birth, father's name)
Are all other information identical?...
Contact local driving authority
directly (ie, RMS/RTA in NSW)
Contact local driving authority...
Yes
Yes
Yes
Yes
No
No
No
No
Review IDLV Checklist and
contact VFS directly for
more information
Review IDLV Checklist and...
No
No
No
No
No
No
Yes
Yes
Yes
Yes
We provide you with a Notary
Certificate and Affidavit declaring
that you are the one and the same
person 
in your passport and licence
We provide you with a Notary...
Do you need assistance with
obtaining the Apostille?
Do you need assistance with...
We prepare a Notary Certificate and Affidavit declaring that you are the one and the same person in
your 
passport and licence
We prepare a Notary Certificate and...
We arrange for the Apostille
with the Department of Foreign
Affairs and Trade (DFAT) and
pay the Apostille Fee for you
We arrange for the Apostille...
Yes
Yes
Yes
Yes
No
No
You obtain your own Apostille
from the Department of Foreign
Affairs and Trade (DFAT)
You obtain your own Apostille...
NOTARY PUBLIC SERVICES FOR INDIAN DRIVERS LICENCE VERIFICATION
prepared by Ern Phang, Notary Public
NOTARY PUBLIC SERVICES FOR INDIAN DRIVERS LICENCE VERIFICATION...
6/83 George Street, Parramatta NSW 2150 AU / Telephone: +61 2 9687 8885 / https://www.notary-parramatta.com.au
6/83 George Street, Parramatta NSW 2150 AU / Telephone: +61 2 9687 8885 / https://www.notary-parramatta.co...
Complete IDLV Checklist and
submit to VFS with Notary
Certificate and Apostille
Complete IDLV Checklist and...
Option 1
Option 1
Option 2
Option 2
Viewer does not support full SVG 1.1

How should you write your IDLV affidavit?

Some clients choose to write their own IDLV affidavit. If you also intend to write your own IDLV affidavit, you must include all of the relevant information required by VFS. You can follow these few suggestions.
For example, your affidavit should contain the following information:
  • Your name.
  • The name that appears on your Indian passport. You can include your passport number.
  • The name that appears on your Indian drivers licence. You can include your drivers licence number.
  • A statement that you are the one and the same person.
  • A statement that you declare/swear or affirm the contents of your affidavit.
After you have prepared your own affidavit, you must sign it in front of a public notary and have it notarised before you can apply for the apostille from DFAT.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

How do you write a declaration?

You've been asked to write a declaration but don't know how? Read on.

If you need to sign a declaration for India, it's always best for you to have your declaration prepared by your lawyer in India. This means that your declaration should be written properly according to the law and that it will be valid and accepted by whoever requires your declaration in India.

Sometimes, if your declaration is needed for some other legal purpose then your declaration may need to be some sort of statutory declaration to comply with and to satisfy specific legal requirements. Again, your lawyer in India would be the best person to advise you on the specific legal requirements and they should also prepare the declaration for you.

If you need to sign a declaration for VFS, you may find copies of the relevant forms or templates for the declarations that VFS use. Generally, the declarations for VFS are part of various applications and other documents that must be submitted to VFS. You should be able to obtain copies of the forms, templates or declarations from their website or by calling them directly.

If you're unable to determine what are the specific requirements for your declaration and you want to write your own declaration, here are a couple of tips and suggestions to consider. These tips and suggestions are for your information only and may not be relevant to your specific situation or requirements. You should always obtain advice from your lawyer in India if you need to send a declaration to India.

Tips and suggestions on what to include in your declaration

  • Properly identify yourself. Since you are writing a declaration, you must clearly show who you are and you can do this by stating your full name according to your photograph identification document. Normally, this should be your passport but sometimes (depending on the purpose of your declaration) it could also be your PAN card, your Aadhar card or your visa/OCI. Other ways to identify yourself in addition to your full name can include stating your residential address, your relationship (ie, son of, daughter of or wife of) and maybe the identification number of the primary photograph identification that you intend to rely on.
  • Clearly state the contents of your declaration in point form. The main purpose of the declaration is to communicate certain facts which you declare to be true. This means your declaration should be clear enough so that whoever has to read it and rely on it can also fully understand it (and what you're trying to say). Listing the contents of your declaration in point form is an easy way to separate different facts from each other to avoid confusion. Sometimes point form can be easier to read and understand than paragraphs of text. You may also want to list your point form in some sort of chronological/time order.
  • Refer to the relevant statute or legislation if your document is a statutory declaration. You may need to discuss this with your lawyer in India, especially if you are expected to sign a statutory declaration (ie, that your document is valid in accordance with a specific law). Again, if you're not sure about what you should be writing here, then you should probably engage a lawyer to write it for you to avoid any problems. Declarations used in Australia generally follow the relevant state or Commonwealth legislation relating to oaths and other declarations. If you are using your declaration in India, you would have to check with your lawyer as to what kind of legislation is applicable and use the appropriate forms or templates relating to that legislation.
  • Declare! Finally, a declaration must also be declared - sworn or affirmed - in front of a prescribed witness. This means if you're signing the declaration you're also declaring that the contents of your declaration are true and correct. If the contents aren't true (or you're not sure that they're true) then making a declaration or a false declaration can have other serious legal consequences. Accordingly, the declaration and signing in front of a prescribed witness are important. If you're sending the declaration to India (or sometimes to VFS) but you're signing your declaration in Australia, then the prescribed witness will generally need to be a public notary.

Other questions

  • What does it mean by 'attested'? Attested simply means 'certified' which has no real meaning without context. It could mean that your document has been witnessed or that it has been certified in some way - what is required depends on your document and the intended use. Generally, attesting a declaration will mean having your declaration witnessed by a prescribed witness.
  • Who is a 'prescibed witness'? Generally, a 'prescribed witness' refers to someone who is qualified to attest your document (ie, they can certify copies or they can witness signatures). In Australia, the list of prescribed witnesses will depend on whether you need to use the document for a state purpose or a Federal/Commonwealth purpose. In most cases, a justice of the peace, a lawyer or a public notary will be a prescribed witness.
  • Can I sign my declaration in front of a Justice of the Peace? A justice of the peace is authorised to take oaths and witness signature for statutory declaration in New South Wales and in Australia. A justice of the peace is a prescribed witness for both the state statutory declaration and the Commonwealth statutory declaration. There are more categories of occupations that qualify as prescribed witnesses with the Commonwealth statutory declaration than with a state statutory declaration. However, if you're using your declaration overseas, a justice of the peace might not be acceptable and only a public notary will satisfy the requirements. Recently, some documents lodged with VFS have changed their requirements for NSW residents. What could be signed in front of a justice of the peace before will no longer be accepted and those documents will now need to be signed in front of a public notary. You may find that if the declaration is intended for India, some justice of the peace will not assist you but rather refer you to a public notary.
  • If I can't find a Justice of the Peace, can I use a public notary? Yes, of course you can. If you can't find a Justice of the Peace to witness your declaration or certify your documents, you can have your declaration witnessed by a notary public or your documents certified by a notary public. However, you should remember that in most cases the services of a Justice of the Peace is free, but the notary public service will attract a fee.
  • Does my declaration need to be notarised? Depending on where you will be using your declaration and depending on who requires the declaration, you may need to have your declaration witnessed and notarised by a notary public. A notary public is a prescribed witness for both the state statutory declaration and the commonwealth statutory declaration.
  • What's the difference between an affidavit and a declaration? Both affidavits and declarations are sworn documents. Generally, affidavits are associated with court cases and the affidavits are used as a way to give evidence while declarations by nature are more general in purpose. Sometimes the name of the document is not as important as the contents.
  • Do I need to print the declaration on any kind of special paper? Generally, no. If you're printing the declaration in Australia, you'll probably find that white A4 paper is the most readily available paper and that anything else could be hard to find. If you need to have the declaration printed on stamp or bonded paper, or green legal/foolscap paper, then you should probably consult your lawyer in India to prepare the declaration for you and send it to you.
  • Do I need to have other witnesses or more than one witness? Generally, no. You should probably check with your lawyer in India though because some requirements may vary. In most cases, swearing and signing the declaration in front of the public notary or some other prescribed witness should be sufficient or otherwise satisfy the legal requirements in Australia and in India.
  • Do I need to have my document stamped by the Indian High Commission? This really depends on who you're dealing with in India. It's quite common that lawyers in India will ask clients in Australia to have their documents 'notarised or attested by the Indian High Commission' without actually understanding the international law (both treaties and conventions) that enable documents to be valid, recognised and acceptable legally between Australia and India. Ultimately, you need to follow what your lawyer in India advises you and there are various VFS checklists that will help you through whatever process is necessary to have your document stamped by VFS.
  • Do I need to print the declaration on any kind of special paper? Generally, no. If you're printing the declaration in Australia, you'll probably find that white A4 paper is the most readily available paper and that anything else could be hard to find. If you need to have the declaration printed on stamp or bonded paper, or green legal/foolscap paper, then you should probably consult your lawyer in India to prepare the declaration for you and send it to you.
  • Do I need an apostille? You may need to check with your lawyer in India. Technically, documents signed in Australia to be used in India should be stamped with an apostille. Both Australia and India are signatories to the Apostille Convention and so both countries will recognise documents that have been stamped with an apostille as this is the most formal approach to mutual recognition of legal documents. Before your declaration can be stamped with an apostille, it will need to be notarised by a public notary first. Also, depending on what process you are following, if you need to have your document stamped by VFS, some of their requirements also include having your document notarised and/or stamped with an apostille as well. Just be aware that not all lawyers in India are familiar with the formal legal requirements of international treaties and conventions (like the Apostille Convention) and many clients are asked to just have their documents stamped by 'the Indian High Commission', which is basically VFS. If you have your document stamped with an apostille and you still want to have it stamped by VFS as well, VFS will ask you to sign a disclaimer to confirm that you are aware that VFS is not required once your document has been stamped with an apostille.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Department of Immigration and Border Protection - Form 1229 - Consent to grant an Australian visa to a child under the age of 18 years

Do you need to complete Form 1229?

For all of our clients who contact us about signing the consent to grant an Australian visa to a child under the age of 18 years, this form requires endorsement by parents but it does NOT require notarisation - or at least not by the Australian Government or by the Department of Immigration and Border Protection.

Form 1229 is a standard government form that only requires the parents of the child to sign. It doesn't have (nor does it appear to have) any place for a witness to sign the form or for the form to be notarised by a notary public.

So why do I still need to have Form 1229 it notarised?

This requirement is a requirement imposed on you by your immigration agent/consultant or by your employer if you're on some sort of work or sponsored visa. If you are concerned about their request and want to know why they require notarisation, you should ask them to explain so that you understand what's required and why it's required.

Just be prepared to budget or allow for the time and cost of having your form notarised.

How can we help you?

Our approach (see the reviews on our Google page) focus on fast and efficient services to minimise the time and inconvenience of notarising your document. Our low fixed fee services also mean it's relatively inexpensive so that there are savings all round.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Do you really need an apostille for VFS?

I have been asked to get my documents stamped with an apostille and then attested by VFS. Why?

Good question.

The reality is that when people don't know things - they guess. Sometimes it's an educated guess, and sometimes it's just a guess based on what they think is the right thing to do. If your lawyer in India is unfamiliar with the international conventions, such as the Apostille Convention, then it's possible that when they ask you to get your documents signed in Australia, they'll also want you to have your documents stamped with an apostille AND stamped by the Indian Consulate. But are both required?

You could say that a safe rule of thumb is that you can't have too many stamps. The more stamps you have, the more official your document will look, and the more likely someone looking at it will accept that it's sufficient for their purposes. This is practical advice, but it isn't great legal advice because there are actually international laws and conventions that govern how documents can be signed internationally and accepted in other countries.

In the case of documents signed in Australia but used in India, the Apostille Convention will allow documents to have been signed and notarised in Australia as well as stamped with an apostille from the Department of Foreign Affairs and Trade to be accepted in India without any further stamps from other officials or authorities (ie, like VFS or the Indian Consulate). That's it.

If your lawyer in India has asked you to have your document also stamped by the Indian Consulate, then the chances are that they're not familiar with what's required by international law and convention or the people/offices that he's dealing with aren't familiar. For them, the safe bet is to have a stamp from the Indian Consulate. The downside for you is that it just means the process becomes more expensive and takes more time.

After you have your document stamped with an apostille, VFS (on behalf of the Indian Consulate) will ask you to sign a disclaimer/undertaking confirming that you're aware that you're not required by international law and conventions to have your document stamped by the Indian Consulate once it's been stamped with an apostille.

Every time we notarise documents for India, we recommend our clients to scan their document for their lawyer in India to check whether it would be sufficient. Do NOT ask whether an apostille is required and do NOT ask whether attestation by VFS/Indian Consulate is required - otherwise, they may just say 'yes' without really knowing why or committing you to a course of action that's going to incur more cost and take more time.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

What's the fastest and cheapest way to have my utility bill notarised?

Why do you need to notarise your utility bill?

Recent changes at VFS now means that if you live in New South Wales and you need to prove your address (or change of address), you need to provide VFS with a notarised copy of your utility bill. Previously, these documents could be certified by a justice of the peace, but not anymore. Involving a notary public in this process potentially means a higher level of formality to verify the documents being notarised to confirm their authenticity - ensuring that the process and the checks required by VFS are taken to a higher standard.

What's the problem with notarising utility bills?

Notary public services generally deal with original documents and this presents a bit of a challenge when many documents (especially utility bills) are only being produced and sent as electronic documents by email or by download. The process of notarising electronic documents still means printing the electronic document as a paper document for it to be notarised.

What do we offer to help you satisfy this process?

Notarising your utility bill can be quick and easy, but it depends on what you're prepared to do and what you're able to do (and how your utility provider can assist you in this process). Currently, our notary public service offering is tailored towards the following arrangement as being the fastest and cheapest method that more and more of our clients are electing to follow.

Fastest and cheapest - arrange for your utility provider to email a copy of the utility bill to us directly. When the email comes to us directly from the utilty provider, we'll print the attach statement and provide a notary certificate confirming that we received the documents directly from the utility provider. Provide your utility provider with this email and call us to make an appointment.

Notary Email

If you can't arrange for your utility provider to email us directly, you can either print your utility bill or email it to us and we'll verify the information with the utility provider. Due to the steps in this process, it potentially takes longer and will cost more than the first method.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Applying for OCI on behalf of your children

Signing for minor children

If you're applying for an OCI for your children (under 18 years old), you must sign an affidavit in support of the application. If you live in New South Wales, the affidavit must be witnessed and notarised by a notary public. The affidavit must accompany your other application documents and be lodged with VFS for processing. 

You can download a copy of the affidavit format as proposed by VFS.

https://www.vfsglobal.com/india/Australia/oci_pio_service/pdf/Affidavit-for-OCI-reissuance-minor-children.pdf

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

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