Documents that are required to be produced in India usually need the involvement of Notary Public rather than, say, simply a Solicitor or a Justice of the Peace.
Once notarised, the documents are usually required to be forwarded to the Department of Foreign Affairs and Trade (DFAT) and/or the Indian Consulate in Melbourne for processing so that they are acceptable by the receiving entity in India.
For Indian clients, our Notary’s assistance has included notarising:
- Statutory Declarations and Affidavits for court proceedings
- Power of Attorney documents for property transactions, court proceedings, Banks and Government Departments
- Immigration and Government forms including Overseas Citizen of India, Non-Resident Indian, Person of Indian Origin and Passport Renewal forms
- Legal documents associated with Deceased Estates involving property.
To ensure that your documents are acceptable in India, we suggest that you contact the receiving entity in India to confirm their requirements.
- Sometimes the receiving entity in India simply requires one step, namely, the notarisation of the documents for production in India.
- Other times, after notarisation, there is a requirement that the document be stamped by the Indian Consulate.
- Other times again, the receiving entity in India requires three steps: notarisation; then an Apostille affixed by DFAT; and finally, stamping by the Indian Consulate.
It is important, then, that prior to attending our Office, you make enquires as to what the receiving entity requires before the documents are produced in India.
Verifying an Indian Driver’s Licence
As an Indian living in Australia, you may require your Indian Driver’s Licence to be verified at some time. Clients from India usually require their Indian Driver’s Licence to be verified when:
- obtaining an Australian Driver’s Licence, in which case there is the requirement to prove that an Indian Driver’s Licence is validly held
- the name on the passport differs from that on the Indian Driver’s Licence (e.g. there are only initials on the Indian Driver’s Licence rather than the full legal name)
- requested to prove that they are one and the same person who holds a passport and an Indian Driver’s Licence even though there are different names on these documents
To receive a Licence Verification Certificate, you must apply to an Indian Passport and Visa Services Centre operated by VFS Global on behalf the High Commission of India in Canberra. In the event there is a name discrepancy with your passport, you will be required to have your identity verified before proceeding with your application.
Using a Notary Public to verify that you are the one and same person who holds both an Indian Driver’s Licence and a passport, with different or incomplete names, is simple and easy. The Public Notary will provide you with a Notarial Certificate that meets the requirements as set out under the Indian Driver’s Licence Verification Checklist. After the notarisation, an Apostille can then be affixed to the Notarial Certificate by DFAT.
Our firm’s Notary Public is most experienced in verifying personal identity for Indian Driver’s Licence Verification:
- Simply bring your original Indian Driver’s Licence and passport to your appointment and the Notary will prepare a Notarial Certificate indicating that you are the one and same person. Attached to the Notarial Certificate will be certified copies of your passport and Driver’s Licence. Our office can also arrange for the Notarial Certificate to be authenticated (by the affixation of an Apostille Stamp/Certificate) by DFAT, as required by the High Commission of India.
If you have other documents that you would like to use in India, our firm can help you. It is common practice for our firm to notarise documents that need to legally recognised in India.
Whether you require your Australian Educational Qualifications verified or an Affidavit notarised for court proceedings, we can assist you by making sure that the process is completed without complications and delays.
Divorce and Legal Proceedings
Many Australian Notaries Public have assisted Indian nationals and Australians divorcing under the Hindu Marriage Act after marrying in India. This includes helping both Petitioners and Respondents in a divorce proceeding.
In order to finalise a divorce, documents, including Affidavits and General Powers of Attorney, must be executed and correctly witnessed to ensure that they are valid and recognised by the Indian court system. When signed in Australia, these documents are required to be notarised by a Public Notary and returned to the relevant lawyer in India.
To ensure that documents are signed correctly and to avoid unnecessary delays, it is important to seek clear instructions from lawyers in India as to how documents should be signed and notarised. This includes seeking advice about the legalisation of notarised documents from the Indian Consulate in Melbourne.
As bonded paper or stamped paper is not available in Australia, documents required to be printed on this type of paper will need to be prepared and sent from India. An alternative solution is to seek advice as to whether the documents can be post-stamped when returned to India rather than printed on stamped or bonded paper.
Our firm can help clients finalise divorce proceedings by notarising any required documents as stipulated by their lawyer in India. We are experienced in handling legal documents from India and often assist clients when urgent matters arise.
General Powers of Attorney
When living in Australia but conducting business in India, granting a General Power of Attorney to a person to act on your behalf in India is often necessary. It can make buying or selling property, dealing with Indian Banks and conducting legal proceedings in India easier and less time consuming.
As the General Power of Attorney document will be executed in Australia, it will need to be witnessed (“notarised”) by a Notary Public so that it legally recognised in India.
Currently, “bonded” or “stamped” paper is not available in Australia, so you may need to organise for your lawyer to send you a hard copy of the document if it is required to be printed on this type of paper. Documents printed on stamped or bonded paper indicate that the required duty has already been paid to the Indian Government.
Alternatively, you may prefer your lawyer to email you a copy of the General Power of Attorney and have it post-stamped. This allows you to print out the document on standard A4 Australian paper and pay the required duty to the Indian Government after the document has been notarised and returned to India. It is important to contact your Indian Solicitor to check whether this option is available to you.
To ensure that your General of Power of Attorney document will be valid, you should seek clear instructions from your lawyer as how the document is required to be notarised. Over the years, our firm has been required to notarise these documents in many different ways, for example, where:
- photographs of the Executant or Donor, and/or their Attorney, are required to be attached to the document
- the Executant or Donor is required to sign across the photograph of themselves included in the document, after which the document is to be notarised by the Notary Public
- the Notary Public is required to place a seal over the photograph included in the document
- the General Power of Attorney is to be witnessed by TWO (2) people as well as the Notary Public
- the Power of Attorney document is only required to be witnessed by the Notary Public
- thumbprint or fingerprints are to be included in the document
Sometimes, after the General Power of Attorney has been notarised, it is required to be lodged with the Indian Consulate. Moreover, the document may first need to be stamped with an Apostille by DFAT.
Power of Attorney Templates
Please note: We offer no guarantee that these documents will serve the purposes of the legal requirements on India. It is best to have the documents prepared by an Indian Solicitor. If you intend to use one or more of these statements, you will still need to have the document signed in front of a notary public like myself. Do not sign before coming to the office!
To ensure that your Power of Attorney will be acceptable in India, we suggest that you check whether your document is required to be sighted by the Indian Consulate. The reason for this is that the authentication requirements change depending on contents of the Power of Attorney and whether the document is for personal or commercial use.
If you require further information, you may like to contact the Indian Consulate in Melbourne.
How do I book an Appointment with John?
Two Office Locations:
MELBOURNE CITY OFFICE (Extended Business Hours & Sundays)
Level 13, 200 Queen Street, Melbourne, Victoria 3000
(corner of Queen and Little Bourke Streets)
EASTERN SUBURBS HOME OFFICE (After Hours & Weekends)
10 Frank Street, Box Hill South, Victoria 3128
(off Riversdale Road – ring bell at right hand side steps and proceed to rear of property)
Fees: Fees (inclusive of GST) are based on the amount of time it takes for the official Notarial Seal and Signature to be applied to your document(s):
up to 10 Min: $88
15 Minutes: $132
20 Minutes: $176
25 Minutes: $220
30 Minutes: $264
It is constantly said by clients that my fees are most competitive – the industry standard can be found at link. Please note that if this Office provides a fee estimate based on the information you provide, we reserve the right to charge according to the above fees for the time it actually takes to notarise your document(s).
Residents from Australia can book an instant appointment for Notarial Services by clicking either Blue Box below, depending on the preferred appointment location. You will arrive at a Booking System where you can choose an appropriate appointment time for the Melbourne City Office or the Eastern Suburbs Home Office.
Please Note: Appointments cancelled with less than 24 hours notice may incur a fee. Please ensure that you arrive in a timely manner.