You need a power of attorney if you want to appoint someone in India to act on your behalf.
If you're signing the power of attorney in Australia, then your signature should be witnessed by a notary public. The notary public can then notarise your power of attorney. As a leading provider of notary public services in Sydney, we help many clients with notarising their power of attorney so that it can be used in India.
Who writes your power of attorney?
Preferably, your lawyer in India will prepare the power of attorney for you, and they can advise you whether you require a general power of attorney or a special power of attorney. They can also advise you whether your power of attorney must be printed on stamped paper, green foolscap paper, or whether it can be printed on normal A4 paper. Usually, if your power of attorney is not printed on stamped paper, then you'll need to pay the stamp duty within 3 months after your power of attorney arrives in India.
In short, you really shouldn't write the power of attorney yourself or even ask a lawyer in Australia to write it for you. Your power of attorney must be valid in India according to the laws in India (and the laws and processes/procedures can vary between states).
Does your power of attorney need a fingerprint or a photo?
Your lawyer can also advise you whether your power of attorney must contain other specific things such as references to your identification document, your photo or a photo of your attorney, or whether it requires thumbprints. Sometimes the power of attorney is also accompanied by another document called 'Photographs and Finger Prints as per section 32A of the Registration Act 1908' which contains places for photographs and fingerprints.
Does your power of attorney need an apostille?
Technically, because Australia and India are both members of the Apostille Convention, documents signed in Australia but used in India should also be stamped with an apostille. The Department of Foreign Affairs and Trade (DFAT) is the issuing authority for the apostille in Australia. After your power of attorney has been notarised, it can then be stamped with an apostille. We help many clients with arranging for their notarised power of attorney to be stamped with an apostille from DFAT.
Does your power of attorney need Indian Consulate attestation?
Sometimes, you may also need to have your power of attorney attested by the Indian Consulate. In Australia, VFS Global provides these services on behalf of the Indian Consulate. According to VFS Global, if you are not an Indian Citizen, then your power of attorney must be stamped with an apostille before it can be attested by VFS Global on behalf of the Indian Consulate. If you're not sure about what's required for VFS Global, please check their website for more information and for the specific checklist of documents and other requirements before you send your power of attorney to them for attestation.
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.
Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.
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.
