Recent issues with the Indian Drivers Licence Verification process

WARNING: from January 2015, VFS has changed its requirements and will no longer accept documents that have been authenticated. Documents must now be stamped with an APOSTILLE from the Department of Foreign Affairs and Trade.

Problems with your driving authority in India

Over the years, we've helped many clients who need to go through the Indian Drivers Licence Verification process to convert their Indian Drivers Licence into an Australian drivers licence.

The majority of these kinds of cases involve clients (ie, licence holders) who have different names on their Indian Drivers Licence and their Indian Passport. Common differences include initials or abbreviations instead of full names, spelling mistakes or leaving out names completely. Whatever the case may be, it seems that the various driving authorities in India use a different naming convention to what's normally accepted in Australia. Unfortunately, this cases a problem for clients when they want to convert their Indian Drivers Licence to an Australian drivers licence.

Why would you convert your Indian Drivers Licence rather than apply for a new Australian drivers licence?

Converting an Indian Drivers Licence to an Australian drivers licence is not the same as just applying for a new Australian drivers licence. Although it might seem to be more simple, just applying for a new Australian drivers licence means clients need to start 'at the bottom'. They're issued with a learners permit and must pass through all the probationary licence requirements before they receive their full licence. On the other hand, converting an Indian Drivers Licence to an Australian drivers licence generally means that with sufficient driving history in India, they can convert to a full licence once they've passed their knowledge test and practical driving test. Converting an Indian Drivers Licence to an Australian drivers licence rather than applying for a new Australian drivers licence is naturally the more attractive option because it shortens and avoids a process that can take years and include a number of limitations and restrictions as well as impose additional obligations and requirements along the way.

How do you verify your Indian Drivers Licence in Australia?

In Australia, VFS provides consular services to Indian citizens on behalf of the Indian Consulate. Part of their services include assisting Indian citizens with the Indian Drivers Licence Verification process by verifying Indian Drivers Licences with the relevant driving authorities in India. However, if there's a difference in the name that appears on the Indian Drivers Licence and the name that appears on the Indian Passport, the verification process to confirm that the licence holder and the passport holder are the one and the same person must be completed by a public notary (or by an Indian Court and a public notary in India if it's done in India).

What does a notary public do with your Indian Drivers Licence and your Indian passport?

As a leading provider of notary public services in Sydney, one of our many roles is to assist clients with verifying that they're the one and the same person referred to in their Indian Drivers Licence and their Indian Passport. This is necessary when the name appearing in each document is different. If you need assistance with this, then we can provide you with a notary certificate that confirms you have presented yourself before us, you have provided us with your Indian Drivers Licence and your Indian Passport, that we've confirmed that you're the one and the same person as the person referred to in those documents and that we've attached certified true copies of those documents to our notary certificate. We can also assist you with submitting the notary certificate to the Department of Foreign Affairs and Trade (DFAT), which is the second step required by VFS, or return the notary certificate to you so that you can arrange for your own authentication with DFAT. Our flexible service offering ensures that we provide you with a service to meet your availability and your budget.

What stops us from being able to help you with your Indian Drivers Licence Verification?

While we try to help everyone, there are some issues arising from the Indian Drivers Licence Verification process that we can't help with. Here are just a few examples:

• If your photograph on your Indian Passport or Indian Drivers Licence is unclear (or does not look like you) we're not able to provide you with a notary certificate to verify that you're the one and the same person. One of the key identifiers that we use to verify that you're the one and the same person is your photograph. A few times we've had clients whose photograph on their Indian Drivers Licence has become faded over the years through friction or general wear. Unfortunately, in those situations, we've been able to see the face and therefore unable to verify that they're the one and the same person. You'll probably need to ask your driving authority in India, or VFS (if it relates to your passport) to reissue the new document with a clear photograph.
• If your date of birth on your Indian Passport or Indian Drivers Licence is different. Another key identifiers that we use to verify that you're the one and the same person is your date of birth. If you have different birth dates, we're unable to assist you - even if your father's name and mother's name are the same which could be easily explained as if you're siblings there's nothing to confirm that you're the one and the same person. Further while naming conventions is an easy way to explain differences in names, differences in birth dates is not. If you're faced with this issue, you'll probably need to speak to your driving authority in India to determine what they can do to help you correct this issue.
• If your father's name (or parent's name) on your Indian Passport or Indian Drivers Licence is different. Unless any of the documents have your father's photograph and your father also attends our office, we wouldn't normally provide any kind of verification in relation to who your father is or the spelling of their name. Generally, your father's name on a passport or drivers licence is not sufficient proof of who your parents are in Australia (ie, Australia generally relies on a birth certificate as proof of parentage). Further, as far as we're aware, the Indian Drivers Licence Verification process predominantly focuses on the differences between your name (ie, the licence holder) rather than differences in your father's name. If you still wish to make your own declaration as to who your father was and the spelling of his name, it's something we can help you with but not normally part of the Indian Drivers Licence Verification process.
• If you're not able to attend our office, we're not able to assist you with the Indian Drivers Licence Verification process. One of our key requirements in being able to verify your identity is that you must physically visit our office in person. You can't send a representative and you can't just do it over the internet. While we're aware that may limit the number of people we're able to assist, we're strict on the requirement because it's a part of our purpose and function that we're able to verify you and confirm that you're the one and the same person. DFAT relies on us to satisfy our role properly and accordingly, there are no exceptions to this requirement.
• If you don't have your original Indian Passport or your original Indian Drivers Licence, we're still able to provide you with a notary certificate - however that certificate will clearly state that we've not been able to verify you against your original documents. Let's say this is more of a hypothetical situation because even though we've encountered this problem with clients, we've warned them against it because it's not part of what we've done normally - and anything outside of what's normal is full of uncertainty even though the cost is the same. Accordingly, more often than not if any original document is not available, you need to find it and bring it, or if its lost or destroyed, get a new one.
• If the driving authority in India issued you with a confirmation letter in a name which is different from the name in your Indian Drivers Licence, VFS may reject your application and there's very little that we could do to assist you. In this situation, your problem exists with your driving authority in India and the solutions that you need to consider are to have the confirmation letter reissued, or have your Indian Drivers Licence updated to show the same name that appears in the confirmation letter. We realise that this is becoming an increasing issue as driving authorities in India have started to upgrade their systems to correct the naming convention that gives rise to these problems in the first place. Unfortunately, if they upgrade their systems without re-issuing the Indian Drivers Licence, then the Indian Drivers Licences which have already been issued may have not been valid for the process outlined by VFS - which requires the names to be identical. Recently, and more and more frequently, we've noticed that the driving authorities in India have started to update their systems to reflect the complete and proper legal names for licence holders. It's likely that this is going to become an increasing problem, so just be aware of it.

While these are just some of the common and increasingly common problems that we've been seeing with the current Indian Drivers Licence Verification process, it may mean that eventually the local process between the driving authority in Australia (and the various states) as well as VFS and the driving authorities in India may need to be reviewed by one or more of those authorities to determine whether the current process still fits.

The obvious problems are that there will be times when one authorities will change its processes or requirements without the other authorities being aware of the change (similar to what's happening now with the driving authorities in India updating their records) resulting in applications being rejected by the other authorities. The unfortunate result is that the applicant suffers the cost and inconvenience of this extended bureaucratic red tape.

At the end of the day, we will still help where we can.

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 - Sending your notarised document to India

After notarisation

As much as most enquiries that we receive focus on how a general power of attorney for India must be notarised, unfortunately many times clients do not take the appropriate care when returning the general power of attorney to India - and the result is the document is lost!

The general power of attorney on behalf of someone living in Australia but used in India requires that power of attorney to be notarised by a notary public. That is what we do. We provide low cost fixed fee notary public services to ensure that any document that is going to be used in India will be recognised in India by other parties, banks, government departments or the courts.

In fact, many clients focus on this aspect asking whether the general power of attorney needs to be notarised, whether it should be printed on bonded paper, whether it requires 2 witnesses, or whether it needs to be counter signed by the Indian Consulate.

If it needs to be counter signed by the Indian Consulate, then the general power of attorney must be submitted to VFS which provides consular services to Indian nationals on behalf of the Indian Consulate. One of the requirements specified by VFS is that the general power of attorney must be stamped with an apostille before it can be submitted to VFS for processing.

In Australia, the apostille can only be issued by the Department of Foreign Affairs and Trade (DFAT), and DFAT will only issue an apostille on the general power of attorney if it has been notarised by a notary public. Fortunately, we assist many clients around Parramatta and across all of Sydney with notarising their general power of attorney for India.

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.

Indian Drivers Licence Verification in New South Wales

WARNING: from January 2015, VFS has changed its requirements and will no longer accept documents that have been authenticated. Documents must now be stamped with an APOSTILLE from the Department of Foreign Affairs and Trade.

Is your name different on your Indian Drivers Licence and your Indian Passport?

Have you noticed that (normal) things that happen overseas often don't make sense in Australia?

Take names for example. In our experience, it's quite common for names to be written differently or even spelt differently in other countries depending on their language (or languages) and naming conventions. Non-English names when 'translated' into English especially when translated phonetically can be spelt differently or rearranged differently.

However, unlike in other countries which have some sort of compulsory national identifying number, in Australia most people identify by their full legal name, their date of birth and their residential address. Therefore, ensuring that each detail in your name, including spelling must match exactly is extremely important. Any inconsistencies generally need to be explained, rectified or otherwise cause all kinds of problems - especially when it comes to legal or financial matters. In Australia, if your name is different, then you are a different person.

Over the years, we've helped many clients who have to deal with this issue, especially when it comes to their Indian Drivers Licence. It appears Indian authorities implement their own naming conventions when recording names on the driving licence. Since those naming conventions differ from Australia, whenever these clients attempt to 'convert' their licence, they face a number of problems.

1. They need to prove that they have a drivers licence from another country and that they have driving experience.
2. They need to show that they are the one and the same person as the person who had that licence and that driving experience.

In cases where their name on their passport, being their primary form of identification in Australia, and the name on their Indian Drivers Licence is the same (especially where the Indian driving authority is recognised by the Australian driving authority), then the process is quite simple. In cases where the name appearing on their passport and their Indian Drivers Licence is different, then that's where we get involved.

Clients faced with this situation have 2 options. One option involves obtaining some form of proof from a court in India, which in most cases is extremely inconvenient and relatively expensive, and the other option involved evidence provided by a notary public - that's what we do.

We help our clients by verifying their identity, but more important confirming that they are the one and the same person as to the people who appear in the passport and the Indian Drivers Licence. We also arrange for the authentication with the Department of Foreign Affairs and Trade (DFAT), which is a necessary step in the process otherwise it won't be accepted by VFS / the Indian Consulate.

We're not involved in the entire process, but rather just focused on our main area of expertise is the preparation of the notary certificate/affidavit and the authentication with DFAT. Once those steps are completed, the remainder of the VFS application can be completed and submitted to VFS.


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.

Apostille for documents going to India

VFS.Global provides consular services

Clients who have used our services before know that we notarise many documents intended for India. Sometimes those documents are just notarised and returned to India without needing further attestation. Other times, clients are asked to also have their documents attested by the Indian Consulate. VFS.Global provides consular services on behalf of the Indian Consulate, including attestation of documents going to India. VFS provides clear instructions as to their requirements to attest documents to be used in India.

For documents that have been notarised, VFS also require the documents to be stamped with an apostille. In Australia, the apostille will only be issued by the Australian Government (through the Department of Foreign Affairs and Trade or DFAT) on documents that are original government documents or documents that have been notarised by a notary public.

We work closely with DFAT to assist clients with notarising documents and having those documents stamped with an apostille (or an authentication as the case may require).

What is an apostille?

In Australia, an apostille is a certificate issued by the Department of Foreign Affairs and Trade (DFAT) certifying that a document has been notarised by a notary public. An apostille will only be recognised in a country that is a party to the Hague Apostille Convention (officially known as the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents). For more information, please contact DFAT on 02 9207 6904.

For more information, also visit

• http://smartraveller.gov.au/services/legalising-documents.html or
• http://www.dfat.gov.au/sydney/authentications.html

If the intended destination country is not a party to the Hague Apostille Convention, then you may need to have your document ‘authenticated’ by DFAT once it has been notarised by a notary public. See the related FAQs: What’s the Apostille Convention? and What’s ‘authentication’?

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.

Indian Drivers Licence Verification - Notary required ONLY for different names

WARNING: from January 2015, VFS has changed its requirements and will no longer accept documents that have been authenticated. Documents must now be stamped with an APOSTILLE from the Department of Foreign Affairs and Trade.

Notary assistance only required if your name is different

In response to a number of recent enquiries regarding what we provide in relation to Indian Drivers Licence Verification (IDLV), we advise the following points:

• If you have an Indian Drivers Licence and you wish to convert that licence to an Australian state driving licence, you may need to satisfy the local driving authority that your licence is valid and that you are the person who holds that licence.
• VFS provides the service of Indian Drivers Licence Verification to Indian Citizens to assist them in converting their drivers licence. However, if the name on your drivers licence and the name on your Indian Passport, in addition to the 'normal' IDLV process outlined by VFS, you also need to either (1) provide an original notarised affidavit from a court in India (which probably requires you to be personally present in the court in India for this to be issued to you); or (2) provide an affidavit/certificate from a notary public in Australia which has also been authenticated by the Department of Foreign Affairs and Trade.

Accordingly, as a leading notary public service in Sydney we provide assistance to our Indian clients for the Option 2 in which we will prepare a notary certificate to verify that the person referred to in their Indian Drivers Licence and in their Indian Passport are the one and the same person.

We appreciate that the naming conventions can be different in different countries and generally use other forms of reference such as physical comparison between the photographs on each document against the person attending our office, the date of birth appearing on each document as well as other consistent information such as father/parents names (which often appear on Indian identification documents). If we are satisfied with all checks, we will prepare a notary certification, which in our experience has been accepted by VFS for the countless number of previous applications and clients that we have assisted over the years.

In addition to the notary certificate, we also assist some clients with obtaining the authentication through the Department of Foreign Affairs and Trade (DFAT). Authentication from DFAT is verification that we are a registered notary public, and this authentication is a requirement by VFS as part of their process. Sometimes clients do not require our help for this part and will do it themselves, especially if they are working in Sydney CBD, they are not working or otherwise have the time to spare. Our flexible service offering includes both the notary certificate as well as the notary certificate and authentication through DFAT.

Please note that if the name on your Indian Drivers Licence and the name on your Indian Passport are the same, you do NOT need the notary public service. You should then make enquiries directly with VFS for the Indian Driving Licence Verification.

The notary public service for Indian Driving Licence Verification is part of the VFS process it is not a replacement for VFS.


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.

Signing the Vakalatnama in Australia

Appointing a lawyer in India - Vakalatnama

If you're involved in legal proceedings in India and you need to appoint a lawyer to represent you and plead your case in the courts, your lawyer will probably ask you to sign a Vakalatnama.

The Vakalatnama is essentially evidence of your authority for your lawyer (generally referred to being your 'attorney') to act on your behalf, appear in the court on your behalf, prepare and file documents on your behalf and do all things generally required to represent you in court and in those legal proceedings.

Although we provide you with an example below, generally your lawyer should prepare the Vakalatnama for you (including all of the details rather than just provide you with a blank form) for your signature. If you are in Australia but you need to send the Vakalatnama to India, you will need to have your signature witnessed by a notary public and the notary public will need to notarise your document accordingly.

Often the wording used in the Vakalatnama will be as follows:

KNOW ALL to whom these present shall come that I/We [your name] the above named [your role in the litigation] do hereby appoint (herein after called the advocate/s) to be my/our Advocate in the above noted case authorized him :-

1. To act, appear and plead in the above-noted case in this Court or in any other Court in which the same may be tried or heard and also in the appellate Court including High Court subject to payment of fees separately for each Court by me/ us.
2. To sign, file verify and present pleadings, appeals cross objections or petitions for execution review, revision, withdrawal, compromise or other petitions or affidavits or other documents as may be deemed necessary or proper for the prosecution of the said case in all its stages.
3. To file and take back documents to admit and/or deny the documents of opposite party.
4. To withdraw or compromise the said case or submit to arbitration any differences or disputes that may arise touching or in any manner relating to the said case.
5. To take execution proceedings.
6. The deposit, draw and receive money, cheques, cash and grant receipts thereof and to do all other acts and things which may be necessary to be done for the progress and in the course of the prosecution of the said case.
7. To appoint and instruct any other Legal Practioner, authorizing him to exercise the power and authority hereby conferred upon the Advocate whenever he may think it to do so and to sign the Power of Attorney on our behalf.

And I/We the undersigned do hereby agree to ratify and confirm all acts done by the Advocate or his substitute in the matter as my/our own acts, as if done by me/us to all intents and purposes.

And I/We undertake that I/we or my/our duly authorized agent would appear in the Court on all hearings and will inform the Advocates for appearance when the case is called.

And I/we undersigned do hereby agree not to hold the advocate or his substitute responsible for the result of the said case. The adjournment costs whenever ordered by the Court shall be of the Advocate which he shall receive and retain himself.

And I/we the undersigned do hereby agree that in the event of the whole or part of the fee agreed by me/us to be paid to the Advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said case until the same is paid up. The fee settled is only for the above case and above Court. I/We hereby agree that once the fee is paid. I/we will not be entitled for the refund of the same in any case whatsoever. If the case lasts for more than three years, the advocate shall be entitled for additional fee equivalent to half of the agreed fee for every addition three years or part thereof.

IN WITNESS WHEREOF I/We do hereunto set my /our hand to these presents the contents of which have been understood by me/us on this [day] day of [month] [year].

Accepted subject to the terms of fees

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 - 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.

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.

Documents required for Indian Drivers Licence Verification (IDLV)

WARNING: from January 2015, VFS has changed its requirements and will no longer accept documents that have been authenticated. Documents must now be stamped with an APOSTILLE from the Department of Foreign Affairs and Trade.

What documents do you require for Indian Drivers Licence Verification (IDLV) in Australia?

One of our most requested notary public services relates to the Indian Drivers Licence Verification or IDLV.

If you are qualified to drive in India and you hold a valid and current Indian drivers licence, you might be able to apply for a drivers licence in Australia that acknowledges your driving history and past experience. If accepted by the authorities in Australia, it may also mean that you can be issued with a full drivers licence or a licence that matches your driving history rather than a learners licence or a probationary licence (ie, you do not have to 'start at the bottom').

In our experience, passports or other primary identification documents normally display a person's full legal name, however occasionally the Indian drivers licence may reduce that person's name to initials or omit 'family' names or father's name. There are various combinations of inconsistencies, but whatever the reason may be, any inconsistency will mean that the authorities in Australia will not recognise any prior driving history. Your name on all documents must be exactly the same.

If your name on your Indian drivers licence is different to your name on your passport or other primary identification documents then you need to follow the Indian Drivers Licence Verification (IDLV) process to confirm that you are the one and the same person.

For Indian citizens, the IDLV process to verify your Indian drivers licence is outlined by the VFS.

There are two options available to you IF your name on your Indian drivers licence and your passport are different.

Option 1 requires you to provide an affidavit from a court in India confirming that you are the one and the same person. That affidavit must also be notarised in India and attested by the Consulate or High Commission in India. Generally, this option is not practical if you live in Australia or otherwise are not present in India.

Option 2 of the VFS process involves documents prepared by a notary public to verify that you are one and the same person. As a leading provider of notary public services in Sydney we regularly provide this service and have been doing so for many years and for countless number of clients/applications.

In order to complete the notarisation, you must:

1. Attend our office in person. Our office is located at 6/83 George Street, Parramatta.
2. Produce your original passport and your original Indian drivers licence.

You do NOT require this service if your name on your Indian drivers licence and your passport are EXACTLY the same. You can submit your application directly to VFS.

We will verify that you are the one and the same person and prepare a notary certificate attaching copies of your passport and your Indian drivers licence. Please be aware that we will compare you to your photograph appearing on your Indian drivers licence and your passport, and we will compare your date of birth and other personal details (such as father's/parents' names).

The second step in the process is to have the certificate authenticated by the Department of Foreign Affairs and Trade (DFAT). DFAT will authenticate any document that we have notarised by verifying our notary public's details and confirming that the documents (ie, the certificate, the passport and the drivers licence) have been properly notarised.

As a regular part of our notary public services, our clients enjoy the confidence and peace of mind knowing that we are able to assist them with the Indian Drivers Licence Verification process quickly and without hassle.

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.

NRI sponsorship and undertaking for Indian students

Sponsoring Indian students overseas

Do you have relatives overseas looking to enter university?

We are often asked by clients to assist them with sponsoring their relatives in India in applications for further education. The sponsorship form generally needs to be signed and witnessed by a notary public before being returned to the university.

Each university has its own form and own requirement, but generally the requirement is for the sponsor to pledge a specific amount to cover the students expected fees and expenses for the duration of the course.

As a leading provider of notary public services in Sydney, we offer low cost fixed fees and appointments on short notice so that you can avoid the delays and hassles when you are on a limited budget and in urgent need of assistance.

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.