Preparing the Power of Attorney for India
Time and time again, clients sending a power of attorney to India have asked us to help them prepare a General Power of Attorney or a Special Power of Attorney - or even in some cases, a Special General Power of Attorney. Whether these documents are the same, similar or completely different depends largely on their purposes and the person or organisation intending to use it or rely on it.
This website contains a number of templates that our clients have used in the past, however they are by no means the limit of what is available or any indication of what you should be using when sending the power of attorney to India.
Visit the following previous posts for Power of Attorney templates:
If you have a lawyer in India, you should ask that lawyer to prepare the power of attorney that would be relevant and appropriate to your requirements in India. They may send you the hard copy, which may have been printed on stamped paper or the 'green' foolscap folio sized paper (both of which are not readily available in Australia), or they can send you an electronic file for you to print keeping in mind that if you print your document in Australia, it would likely be on normal white A4 paper. In our experience, the kind of paper has not affected the validity or acceptance of the power of attorney in India (although unstamped documents may need to be subsequently stamped before they can be used in India).
Our role in this process is strictly limited to witnessing the power of attorney being signed, and then notarising the power of attorney. If required so that the power of attorney can be used in India, we can lodge your power of attorney with Department of Foreign Affairs and Trade for authentication or apostille. You may also need to make arrangements for your document to be lodged at the Indian consulate in your closest capital city.
Edit 2017 (see updated video)
To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.
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/.
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.
