Will you prepare my General Power of Attorney or my Special Power of Attorney for me?

The General Power of Attorney and the Special Power of Attorney are some of the most common documents that we are asked to notarised for use in India. In addition to the relatively large percentage of people of Indian origin living in Western Sydney, the reality is that a large proportion of the hardworking migrant population send money 'back home' to invest in property for themselves or their parents. Respect! (Being from a migrant family having migrated to Australia young in the late 1970s, I can relate to this.)

Our goal is to help our clients do what they need to do and in most cases, they wish to appoint someone in India to handle their property transaction or related banking and lending activities on their behalf. The most appropriate document to achieve this goal is called a 'power of attorney'.

The power of attorney is a formal legal document that appoints someone else to do things on your behalf. The nature and scope of their authority is entirely up to you. You can appoint and authorise them to represent you on all things, or you could limit that appointment and authorisation to a few things - obviously depending on the nature of what you want them to do and your relationship and level of trust with the person that you appoint as your attorney (the person receiving the power). There are general legal principles around the rights and obligations of donor (the person giving the power) and the attorney, however this largely relies on the content of the document - the power of attorney.

Knowing what is included in the power of attorney is important because it determines the attorney's powers and responsibilities. The main types of power of attorney documents that we notarise for clients sending them to India are the General Power of Attorney and the Special Power of Attorney. Each type of power of attorney would be used for a different purpose and appropriate for different situations. In most cases, you will need to obtain advice from whoever requires the authority to be given to determine which power of attorney is appropriate.

Sometimes clients will ask whether we can prepare a power of attorney for use in India. The simple answer is 'no'. The power of attorney should be prepared according to the laws of India and in a way that is appropriate to the purpose of the power of attorney. As we are not qualifies lawyers for India or practice in Indian law, we are unable to assist with this - however, we have provided on this and various other websites a copy of the power of attorney templates that many of our clients have used in the past. While we cannot guarantee that these templates are appropriate to your situation or assist you with completing any blank spaces with the relevant information regarding your situation, our experience has been that sometimes the legal requirements in India can be unclear, depending on who you are dealing with - but sometimes they can be extremely strict and pedantic.

The best advice that we can provide is be clear on what documents will need to be signed, if and how they need to be notarised by a notary public, whether they need to be countersigned by the Indian Consulate/VFS (which may also mean they need to be stamped with an apostille from the Department of Foreign Affairs and Trade) and whether you must follow any other formal requirement before returning the document to India. If the person receiving the power of attorney is strict in their requirements, be aware that sometimes they may even require the document to be printed on 'foolscap green paper' or stamped paper or bonded paper - all of which are various legal requirements that exist in India as part of their normal protocol in preparing legal documents, however these requirements or the materials do not generally exist in Australia and are difficult if not impossible to source.

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/.

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.

Power of Attorney for India - Where can I buy Stamped Paper?

Stamped Paper for the Power of Attorney for India

Many clients who wish to appoint someone to act on their behalf in India, especially for property related transactions, normally appoint that person through a general power of attorney or special power of attorney. If they were to prepare and sign a power of a power of attorney in India, the power of attorney would normally be prepared on stamped paper. Stamped paper is a form of 'pre-paid' tax or duty and would normally be available from government offices or licensed vendors/suppliers in the state that is relevant to the property or the transaction. However, if you are in Australia and need to appoint someone to act on your behalf in India, what do you do?

The general advice for clients who are in Australia and who need to appoint someone to act on their behalf in India is to have the power of attorney prepared for them in India (preferably by a lawyer or someone who knows what is required so that the document will be legally valid in India). Whether they then print that power of attorney on stamped paper and send the original hard copy to you or they just email a copy of the power of attorney to you is a question of logistics.

Since the power of attorney attracts stamp duty in India, duty will eventually need to be paid and so using stamped paper is one way of ensuring that this requirement is satisfied. The trouble with preparing the power of attorney on stamped paper is that the stamped paper will need to be purchased in India. The delivery time and cost of sending that stamped paper from India (whether the contents of the power of attorney have been printed on it or not) may mean this is option is relatively expensive and involves substantial delays - especially when compared to the option of just emailing the document.

In fact, while many clients have their original power of attorney printed on stamped paper sent to them by their lawyers in India, more and more clients are relying on the internet or email to receive documents - especially the power of attorney. These days it is quite common for clients to receive an email from their lawyer in India (or in many cases it is their bank) containing the contents of the power of attorney. Those clients then print the power of attorney on normal A4 paper, which is the standard paper used in Australia.

Most cases require the power of attorney signed in Australia but used in India to be notarised and sometimes it also needs to be legalised (involving an apostille from the Department of Foreign Affairs and Trade and stamping from VFS/Indian Consulate). Section 18 of the Indian Stamp Act 1899 provides that 'every instrument chargeable with duty executed only out of India and not being a bill of exchange or promissory note, may be stamped within three months after it has been first received in India.' This means that if the power of attorney was NOT printed on stamped paper, the duty must be paid after the power of attorney arrives in India. Unlike stamped paper which is 'pre-paid', stamping on a document that is not printed on stamped paper is 'post-paid'.

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/.

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.

Notarisation shouldn't be this easy, should it?

Making an appointment to see a notary public is easy

One of the biggest complaints that we hear from our regular clients is that it is difficult to make an appointment to see a notary public - that is why they keep coming back.

As a leading provider of notary public services in Sydney, we pride our selves in offering readily available and easily accessible notary public services to the community. In many cases, our clients are in need of urgent assistance because whatever is happening overseas needs to happen as soon as possible. Taking into account the processing times for other steps in the process, such as stamping with an apostille in the Department of Foreign Affairs and Trade or legalisation through the Indian Consulate or VFS, as well as the delivery times to India, documents need to be notarised as soon as possible and as quickly as possible without delay. That is where we can assist.

With our offices located in the heart of the Sydney metropolitan area and available appointments to attend to urgent requests, there is no other choice when considering who will assist you with your notary requirements.

Being familiar with the various requirements for documents intended for India is an important factor deciding who you should rely on for advice and guidance. Over the years, we have become familiar with the specific requirements of affidavits and applications under the Hindu Marriage Act, the various forms of the general power of attorney and special power of attorney required by banks and other parties in property transactions, changing your name or details on your passport and a variety of other specific tasks undertaken by the Indian Consulate or VFS including the Indian Drivers Licence Verification (IDLV) process.

IDLV is one of the unique processes that exists for Indian citizens in Australia who intend to convert their Indian Drivers Licence to an Australian drivers licence. Accordingly, we have developed a fixed fee cost for notarisation as well as authentication through DFAT with the added pricing flexibility for clients to arrange for authentication themselves should they wish. This kind of service offering is as unique as the requirement, which means it is tailored to the specific needs of the Indian community in Sydney.

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/.

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 I need Stamped Paper for my General Power of Attorney?

Stamping the General Power of Attorney

What is a General Power of Attorney

The General Power of Attorney is a legal document that allows someone to authorise someone else to do certain things on their behalf. The power granted by the General Power of Attorney is generally limited to financial dealings, such as transacting property or handling bank accounts and loans.

If you have property in India but you are living in Australia, you may need to appoint someone in India to look after your property and do certain things on your behalf. The way in which you can do this is through a General Power of Attorney. In most cases, your lawyer (or maybe even your bank) and provide you with the General Power of Attorney for you to sign in Australia without requiring you to travel back to India. If you sign the General Power of Attorney in Australia it must be notarised by a notary public.

Depending on the specific requirements and intended use of your General Power of Attorney, you may also need to consider whether it must be countersigned by the Indian Consulate, or with an apostille or other authentication from the Department of Foreign Affairs and Trade. The requirements can vary depending on who you might be dealing with in India, however there remains a very formal process in Australia if you were to do it properly.

Understanding the process and especially the timing of the process is important in ensuring that your General Power of Attorney is completed in time to meet the requirements of your transaction in India. Unfortunately, many clients are only aware of the requirements too late and by the time they seek notary public services, the document should have been returned to India 'yesterday'.

You can find more information regarding the General Power of Attorney for India in the articles contained in this website.

What is stamped paper?

Stamped paper is a type of paper used to write legal documents. Any taxes or duties owed to the government for that legal document has already been prepaid as shown by the 'stamp' on the stamped paper. In our experience, it is very common for documents such as the General Power of Attorney used in India and prepared in India to be printed on stamped paper.

Stamped paper does not exist in Australia. Stamped paper is a form of pre-paid duty, but in Australia, if a document attracts some sort of duty it must be submitted to the relevant state's duty office for payment of duty and stamping. Further duty whether pre-paid or post-paid duty, paid in Australia has no relevance to the obligation to pay duty in India. Accordingly, if your General Power of Attorney is going to India, you will need to buy the stamped paper in India. However, if the General Power of Attorney is just emailed to you and printed on 'normal' A4 paper (which is usually the case in Australia), then the person who wants to rely on that document in India must pay the tax or duty in India and have the General Power of Attorney stamped accordingly.

Some clients have mistakenly used Australian postage stamps on their document thinking that this satisfies the stamping requirement for India. It does not.

Do I need Stamped Paper for my General Power of Attorney?

No. If you are signing the General Power of Attorney in Australia, and your lawyer (or your bank) has provided the General Power of Attorney to you by email for you to print in Australia - it is unlikely that you will be able to print it on stamped paper. No problem. You can still print your General Power of Attorney on A4 paper and have it properly notarised by a notary public. Not printing your General Power of Attorney on stamped paper just means that the duties or taxes owing on the General Power of Attorney would need to be paid within 3 months from when the document arrives in India and before it can be used.

What next?

For more information regarding notary public services for documents going to India, view our notary publications at http://www.notary-parramatta.com.au/tag/india/. For Hindi to English translation services by NAATI accredited translators, see http://hindi-naati-translation.blogspot.com.au/.

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/.

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.

General Power of Attorney for India - Our Disclaimer

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/.

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.

Power of Attorney - Authorising your family in India

Indian Power of Attorney

Working or studying overseas

One of the biggest challenges of working or studying overseas is being able to practically and legally continue to manage your personal and financial affairs in India. In many cases, other people expect you to be present in India to provide instructions or to sign and verify documents, but if you are now working or studying overseas the prospect of traveling home just for that purpose is expensive and impractical.

Authorising a family member to look after your personal and financial affairs in probably the safest and easiest option, which avoids the need to travel back to India regularly. According to the law, authorisation must be in the form of a General Power of Attorney or a Special Power of Attorney prepared by your lawyer in India and signed by you. If you are not in India when you sign the Power of Attorney, then you need to sign the Power of Attorney in front of a notary public or similarly qualified person. You may also find that depending on the country, you may also need to have the Power of Attorney countersigned by the Indian High Commission or consular office after the Power of Attorney has been notarised.

If you reside in Sydney, Australia, and you want to appoint someone in India to look after your personal and financial affairs, then the Power of Attorney that you sign in Sydney must be notarised by a notary public in Sydney.



Examples of the General Power of Attorney used in India. We have prepared these examples of the General Power of Attorney based on similar documents commonly used by our clients for various dealings with banks in India.

Before using these documents you must check with your lawyer (or whoever you may be dealing with) in India that they are legally valid and will be acceptable for their purposes.

• Power of Attorney for India(DOCX)
• General Power of Attorney for India (DOCX)
• Power of Attorney for India (PDF)
• Basic Power of Attorney for India (PDF)

Completing the templates for the General Power of Attorney for India

The templates contained on this website are incomplete. If you download the WORD versions (see here), the template will prompt you to fill in the key details of the executant's name and address (ie, the person who is giving the power), as well as the attorney's name and address (ie, the person who is receiving the power), as well as the attorney's father's name. If you do not fill in these details while editing the WORD versions, the template will be left with blank spaces for you to complete before signing the General Power of Attorney.

Filling in all the details, whether on the computer or by hand, is important as the information required determine who is giving the power and who is receiving the power. If at any time you feel that the power granted by the General Power of Attorney is too wide, or not wide enough, then you should make your own changes to the document to properly reflect your wishes. However, you should check the proposed changes with your attorney and/or your lawyer in India to ensure that it is legally valid according to their laws as well as practically possible to fulfill.

If you provide powers that are too wide, you may be exposing yourself to too much risk in terms of an 'abuse of power' by your attorney, but if you make the powers too narrow you can potentially restrict and limit your attorney in being able to complete the tasks that you require them to complete on your behalf. Again, when in doubt, check with your lawyer in India before making the changes.

Disclaimer

We disclaim any liability arising in connection with the use of these documents or reliance on their contents either in original or altered form. We give no warranties and we make no representation in respect of the documents including, without limitation, any warranties as to quality, standard or legal efficacy.

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/.

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.

Completing the General Power of Attorney for India

India General Power of Attorney

A Guide to using the General Power of Attorney for India

In previous posts, we have provided templates for the General Power of Attorney used in India. These templates are based on forms commonly used by our clients with various dealings in India and should only be relied upon or used as a guide. You should still seek advice from your lawyer in India before using them.

The form suggested by these templates may vary from the form used in India. In India, the General Power of Attorney is commonly printed on foolscap paper bearing a bond or seal with duty payable (bonded paper). In Australia, the bonded paper is not readily available and A4 is the widely accepted paper size, not foolscap. Accordingly, the form suggested by these templates should only be used in the context of non-resident Indians or people who reside in Australia but need to send their General Power of Attorney to India.

Completing the templates for the General Power of Attorney for India

The templates contained on this website are incomplete. If you download the WORD versions (see here), the template will prompt you to fill in the key details of the executant's name and address (ie, the person who is giving the power), as well as the attorney's name and address (ie, the person who is receiving the power), as well as the attorney's father's name. If you do not fill in these details while editing the WORD versions, the template will be left with blank spaces for you to complete before signing the General Power of Attorney.

Filling in all the details, whether on the computer or by hand, is important as the information required determine who is giving the power and who is receiving the power. If at any time you feel that the power granted by the General Power of Attorney is too wide, or not wide enough, then you should make your own changes to the document to properly reflect your wishes. However, you should check the proposed changes with your attorney and/or your lawyer in India to ensure that it is legally valid according to their laws as well as practically possible to fulfill.

If you provide powers that are too wide, you may be exposing yourself to too much risk in terms of an 'abuse of power' by your attorney, but if you make the powers too narrow you can potentially restrict and limit your attorney in being able to complete the tasks that you require them to complete on your behalf. Again, when in doubt, check with your lawyer in India before making the changes.

Another example of a basic General Power of Attorney for India can be found here.

Disclaimer

We disclaim any liability arising in connection with the use of these documents or reliance on their contents either in original or altered form. We give no warranties and we make no representation in respect of the documents including, without limitation, any warranties as to quality, standard or legal efficacy.

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/.

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.

India General Power of Attorney

Example of General Power of Attorney

General Power of Attorney with wide powers

In response to numerous requests, we have prepared another precedent General Power of Attorney that can be used in India. Unlike previous versions, this power of attorney grants wide powers to the attorney to effectively "do all such acts, deeds, matters and things all at my cost and expense as my Attorney deems fit and proper."

For more information visit our other pages that deal with the issue of the Power of Attorney.

There are many kinds of power of attorney available for different situations. Be aware that this template for this kind of power of attorney may not be suitable to your situation. You should obtain advice from your lawyer in India before using this template.

Power of Attorney for India (DOCX)

We disclaim any liability arising in connection with the use of these documents or reliance on their contents either in original or altered form. We give no warranties and we make no representation in respect of the documents including, without limitation, any warranties as to quality, standard or legal efficacy.

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/.

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.

General Power of Attorney for India

Power of Attorney for India

Precedent examples of the General Power of Attorney

Examples of the General Power of Attorney used in India. We have prepared these examples of the General Power of Attorney based on similar documents commonly used by our clients for various dealings with banks in India.



Before using these documents you must check with your lawyer (or whoever you may be dealing with) in India that they are legally valid and will be acceptable for their purposes.

• WORD DOCUMENT
• PDF DOCUMENT

Disclaimer
We disclaim any liability arising in connection with the use of these documents or reliance on their contents either in original or altered form. We give no warranties and we make no representation in respect of the documents including, without limitation, any warranties as to quality, standard or legal efficacy.

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/.

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.

Notary Public for General Power of Attorney for India

Notary Public for General Power of Attorney for India

One of our most common requests for notary services is to notarise the General Power of Attorney used in India. Generally, clients are buying or selling property in India, taking loans from Indian banks, or conducting legal proceedings in the courts in India. However, because they are not physically present in India, they need to appoint someone (an attorney) to act and do all things necessary on their behalf in India.



For those people who are in Sydney, Australia (especially around the Parramatta area and Sydney’s western suburbs), we provide notary public services to assist them with the General Power of Attorney intended to be used in India. A General Power of Attorney prepared for use in India but signed in a foreign country (such as Australia) must be notarised in order for it to be valid and accepted in India.

If the General Power of Attorney is prepared in India, it is generally printed on ‘bonded’ or ‘stamped’ paper bearing a mark indicating that some sort of duty or fee has been paid to the government. This type of official paper is not readily available in Australia. If you have been told that your General Power of Attorney must be on this kind of paper, then you will need to arrange for a hard copy of the General Power of Attorney to be prepared in India by your lawyer in India and physically sent to you in a hard copy format. If you lawyer in India emails a copy of this document to you, you will not be able to print it on the official paper in Australia.

Many of our clients have the General Power of Attorney prepared for them by their lawyer in India and sent to them by email. In Australia, they then print it on normal A4 paper (which is commonly used in Australia) before bringing it to our notary public for notarisation. Our experience with the formal requirements of the General Power of Attorney for India varies. For example:

• Some the General Power of Attorney must include a photograph of the ‘executant’ or ‘donor’, sometimes they also need to provide a photograph of their attorney.
• Sometimes the photograph of the executant or donor must be signed by them (across the photograph) and then notarised, and other times the notary public just needs to place a seal over the photograph.
• Sometimes the General Power of Attorney must be witnessed by 2 people and the notary public (and the notary public must witness your witnesses).
• Sometimes the General Power of Attorney must be witnessed by the notary public alone.
• Sometimes the General Power of Attorney must be lodged with the Indian Consulate, and sometimes it needs to be processed by the Department of Foreign Affairs and Trade first with either authentication or apostille.
• We have had clients include their thumbprint, and we have also had a client who had to place a print of ALL fingers and thumbs!

We also encourage our clients to check with their lawyer in India whether their General Power of Attorney must be authenticated and legalised with the Indian Consulate. We understand that this requirement may vary depending on what the General Power of Attorney is intended to do, and whether it is used for a personal or commercial purpose. For more information, we encourage you to contact the Indian Consulate in your state after obtaining advice from your lawyer in India.

Our notary public has extensive experience in assisting Indians, non resident Indians, person of Indian origin, or anyone with property dealings in India with the General Power of Attorney for India. See examples of the General Power of Attorney used by banks in India.

If you are looking for assistance with legal proceedings, including divorce proceedings under the Hindu Marriage Act, please see this previous post.

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/.

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.