What can we notarise during the restrictions in Greater Sydney? (July 2021 update)

We are currently closed for face-to-face appointments

Thanks for your continued interest in our services and our support. Unfortunately, due to the extended restrictions across Greater Sydney, our office is still closed to face-to-face appointments until further notice.

What does this mean?

We're still providing legal and notary public services, however, they're limited to services that don't require face-to-face appointments. These services include:

• Attesting or certifying copies of documents. Generally, this still means that you must arrange for the original document to be delivered to our office*. We do NOT recommend posting important original documents like passports but if it's urgent and absolutely necessary, then you should arrange for your document to be couriered to our office. Once notarised, our office will arrange for a return courier to ensure that your original documents and notarised copies are returned to you safely and securely.
• Verifying documents. If you have certain electronic documents that must be verified (such as Australian visa documents (ie, VEVO), Australian educational documents, Australian medical documents, Australian employment documents), these documents can be verified (before being notarised) with whoever issued the documents. Alternatively, if these documents are not electronic documents and there are only original documents, then the same applies as attesting and certifying. We require the original documents to be delivered to our office* before we can contact whoever issued the documents to verify them.

*If you personally deliver original documents to our office, you may be subject to a fine for breaching the current 'stay-at-home' orders. Any documents must be able to be slipped under our door as our office will NOT receive you or open the door for you when you arrive.

Accordingly, we can only recommend that you arrange for your document to be sent by courier (or if you are not concerned that the document could be lost, arrange for it to be posted) otherwise we suggest waiting until the restrictions have been lifted.

Importantly, during the current restrictions, we are not providing services that require a face-to-face appointment, mainly this refers to services that include witnessing. This means we cannot notarise documents such as:

• Power of attorney, both general power of attorney and special power of attorney.
• Declarations and affidavits (including the Indian Drivers Licence Verification)
• Passport renewal forms such as Form V, Form I, or Form J
• Australian visa renewal such as Form 1229
• Life certificates
• Court documents

For this service or for any of these documents that require witnessing or a face-to-face appointment, you must wait until the restrictions have been lifted before calling our office to make an appointment.

Update

Restrictions for Greater Sydney have now been extended to 30 July 2021.

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/.

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.

Why do you need a power of attorney for India?

One of the challenges of living in Australia but buying or selling property in India is being able to sign the various legal documents necessary for the transaction to happen. Since most of the legal documents are still in paper form (ie, not electronic), it requires your signature - or perhaps someone to sign on your behalf.

Appointing someone to sign legal documents on your behalf can only really be done by a power of attorney.

If you're living in Australia and appointing someone in India by power of attorney to sign documents on your behalf, then that power of attorney must be notarised by a notary public.

Who writes the power of attorney?

In most cases, your lawyer or whoever is looking after your transaction in India should write the power of attorney for you. Sometimes it may just be a standard document or standard form, and sometimes it may be something specific to your situation or to your transaction. If you need to have a power of attorney to apply for a loan with a bank, sometimes the bank will have a standard power of attorney form that you can just download from the internet - but always make sure you know what you're signing.

Many clients download documents and forms from the internet (sometimes from different countries) and assume that they will 'work' in India - this is wrong and it's dangerous. Different countries have different legal requirements and different legal consequences. Don't assume that something you can download from the internet will work for your situation. Even a power of attorney based on the standard forms available in Australia isn't necessarily going to work or work properly for what you want to do in India. Check with your lawyer in India and if you don't have a lawyer, maybe it's about time you engage someone to assist you with your transaction. The cost of the process in Australia and the risk you face in sending an incorrect document to India isn't worth the risk.

Why does the power of attorney need to be notarised?

Documents signed in Australia but used in India generally need to be notarised. Depending on who you're sending the power of attorney to, they may also need the power of attorney to be stamped with an apostille from the Department of Foreign Affairs and Trade (DFAT) and stamped by VFS (ie, Indian Consulate stamp). Unfortunately, despite assisting clients sending documents to India for many years (nearly 20 years) everyone does it differently or they're asked for different things by their lawyer or whoever they're dealing with in India. What's common between all is having the document notarised - but after that, you'll just need to check.

What does notarisation involve?

For the power of attorney going to India, notarisation generally means you must sign the power of attorney in front of the notary public. The notary public can witness your signature and then sign/stamp your power of attorney confirming that they witnessed you sign it.

Do you need stamped paper?

Some clients who have their lawyers in India prepare the power of attorney and send it to them in paper form have their power of attorney printed on stamped paper (or bonded paper). This is like a form of pre-paid duty.

Stamped paper for isn't available in Australia so if you intend to sign a power of attorney printed on stamped paper then you'll need to arrange for it to be prepared in India and sent to you here. Alternatively, most clients print their power of attorney on standard A4 paper and have their signatures notarised on that type of paper. Duty is still payable in India but instead of pre-paid duty if your power of attorney had been printed on stamped paper, then your lawyer would need to arrange for it to be post-paid after the power of attorney arrives in India.

Does the power of attorney need to be stamped with an apostille?

Technically, as Australia and India are both member countries of the Apostille Convention (see here for more information) documents like the power of attorney sent from Australia to India, or any other member country, should be stamped with an apostille in order to be recognised.

Practically, the majority of power of attorney that we've notarised over the years have been used in India without an apostille. If you're not sure, please check with your lawyer in India.

What next?

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.

Who prepares the General Power of Attorney or Special Power of Attorney?

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:

• Completing the General Power of Attorney
• General Power of Attorney for India

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/.

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 difference between a public notary and a justice of the peace?

In Australia, the most important difference between a public notary and a justice of the peace is that a public notary is recognised overseas (ie, outside of Australia) while a justice of the peace is generally only recognised in Australia. The role of a public notary can be best described as an 'international justice of the peace'.

You are probably reading this page because you have a document that you need to send to India, and someone has asked for you to have it witnessed or certified by a public notary. In that case, signing it or having it certified by a justice of the peace may not be sufficient and will mean that your document may not be accepted in India.

Other important differences between a public notary and a justice of the peace are:

• A public notary will generally charge a fee for their services while a justice of the peace cannot.
• A public notary must be a lawyer, but not all lawyers are or must be notaries while a justice of the peace does not have to be a lawyer.
• There are more justices of the peace than public notaries and generally justices of the peace can be easily found and more available than public notaries.

In our experience, most documents which are signed, witnessed or originate from Australia and sent to India will need to be notarised by a public notary but occasionally we are advised that documents can also be certified by a justice of the peace. For example, if you are signing documents to apply for a loan from a bank, the bank will generally need you to sign your application or the special/general power of attorney in front of us so that we can notarise it but that copies of other supporting documents (ie, identification, payslips, utility bills) can be certified by a justice of the peace. This may not apply in all cases, so before you engage our services or approach a justice of the peace, you should confirm the specific requirements.

Documents intended for India make up the clear majority of our public notary services. Accordingly, we are proud to announce that we frequently assist the local Indian community in Sydney to ensure that their documents are notarised and legally valid in India and maintain some of the lowest and most competitive rates available 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.

Hindi English Translation

Hindi translations

Translating your birth certificate from Hindi to English

Looking to translate your birth certificate from Hindi to English so that it can be used in Australia? It's likely you'll need to have your birth certificate translated by a NAATI accredited translator. As part of our notary public services to the Indian community, we are regularly asked by our clients to arrange for translations of various documents and we maintain a panel of NAATI accredited translators to assist us in providing this service.

If you need to translate your birth certificate, or any other certificate or official document, from Hindi into English by a NAATI accredited translator, contact our office on +61 2 9687 8885 to arrange for a no obligation quote.

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 CBD, Phang Legal supports and services the Indian community across Sydney.

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/.

Mei Phang
Director

Mei holds a Masters of Commerce from the University of Sydney, Bachelor of Arts (International Business Administration) (Hons) from the University of Northumberland (UK), and is currently studying the Bachelor of Laws at the University of Western Sydney.

Mei handles property and conveyancing services (buying and selling property) and translation services.

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.