Power of Attorney - What we do
From time to time, we receive calls from people who want to appoint someone in India (their attorney) to act on their behalf in India. Sometimes it's in relation to buying or selling a property or dealing on behalf of a bank, and sometimes it's in relation to court proceedings or even applying for a divorce. Regardless of the reason, in nearly all cases, they need a power of attorney and if they're signing that power of attorney outside of India then they need to have that power of attorney notarised - this is what we do.As a leading provider of notary public services in Sydney, we regularly notarise the power of attorney used in India. In fact, notarising the power of attorney used in India is probably one of the most common requests from our clients.
So what's involved? Generally, when clients ask us to notarise the power of attorney used in India, we basically witness them signing the power of attorney. They bring the power of attorney to us and sign it in our presence. We then sign the power of attorney confirming that they have signed it in our presence and place our seal on the power of attorney as well. That's all.
Sometimes our clients also need to sign the power of attorney in front of 2 witnesses. Sometimes they need to include their photograph (or the photograph of their attorney). Sometimes they need to include thumbprints (and I've even had a client who was asked to provide prints from all fingers and thumbs). Sometimes they must also have the power of attorney countersigned by the Consulate General of India as well. Whether or not you need those things as well, we can't say and you need to get advice from your lawyer in India - which brings me to the next part.
Power of Attorney - What we DON'T do
When it comes to the power of attorney used in India, we only notarise the power of attorney confirming that we have witnessed the person, who is giving the power, signing the power of attorney in our presence.We do not:
- Draft or prepare the power of attorney. The power of attorney must be prepared in accordance with the laws in India, and therefore if you need a power of attorney to be valid in India you should have a lawyer in India prepare it for you. We regularly receive requests from clients for us to prepare the power of attorney for them, however we can only provide examples of what other clients have used in the past with the disclaimer that anyone using those examples should still obtain their own advice or use the examples at their own risk. We provide notary public services in Sydney, we do not provide legal advice on Indian law or legal drafting of Indian documents.
- Advise you of the requirements to sign the power of attorney. As stated previously, some clients are asked to provide thumbprints or have witnesses present or have the power of attorney countersigned by the Consulate General of India. We cannot provide you with this advice. If someone has asked you to sign a power of attorney to be used in India, you should ask them to also provide you with a list of requirements so that it is clear and easy for us to follow when notarising your document. At least then there is no confusion as to what they require you to do.
- Pre or post date the power of attorney. In all circumstances, we can only date the document on the day that you sign the document in our presence. If your document needs to be dated on another day, then you need to attend our office on that day - we cannot and do not mark the date on the power of attorney any other than the date on which the signing and witnessing occurred.
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.
