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.
