Powers of Attorney for India
Real Estate, Banking & General Powers of Attorney for India
(Updated: June 2020)
Conducting business and personal affairs in India while based in Australia can be made easier and less time consuming by granting a person that you trust a Power of Attorney. This allows the nominated person in India to act on your behalf, such as providing that person with the authority to deal with Indian banks, to finalise Indian property transactions or to take part in Indian legal proceedings.
Best Practice for Powers of Attorney for India
With India comprised of 28 States and 8 Union Territories, and with further subdivision into districts and administration zones, it is strongly suggested you have a lawyer based in India draft the Power of Attorney. The lawyer will tell you how to specifically proceed in order to have a legitimate Indian legal document.
Please Read Special Note on Indian Powers of Attorney: June 2020 Update (PDF)
Powers of Attorney can substantially differ in requirements across States and Union Territories. You may find that your POA needs:
- the inclusion of photographs of the Executant or Donor, and/or their Attorney
- the signature of the Executant or Donor across an attached photograph
- a Notary Public’s seal placed over an attached photograph
- to be witnessed by two (2) people as well as a Public Notary
- notarisation by a Notary Public only
- fingerprints or a thumbnail attached.
- stamped or bonded paper
- Apostille Stamps / VFS Stamps
Once you have the Power of Attorney drafted by a solicitor, they can proceed to email or post it to you for signing in front of me, a Notary Public. You would simply book an appointment and bring the document and ID (plus any witnesses) to the appointment. See booking instructions below.
Two Extra Witnesses
Many Indian POAs require two (2) witnesses as well as the Notary Public. The Office of John Pearce Notary Public can provide witnesses at the CITY OFFICE during BUSINESS HOURS. We cannot provide witnesses outside this arrangement.
In the event you need two witnesses from our office, our witnesses will use the address of our Queen Street Office. It is up to you to ensure that this will meet the needs of your Power of Attorney.
Green Stamped or Bonded Paper
As stated, for a Power of Attorney to be legally recognised in India, it will need to be notarised by a Notary Public when signed in Australia. The document may then need to be signed on green “stamped” or green “bonded” paper. This type of paper is not available in Australia. You may need to have your Indian solicitor post the paper to you.
If this option is not possible, you may like to check with your Solicitor if a copy of the Power of Attorney can be emailed and printed on standard Australian A4 paper (or green paper) and the duty paid to the relevant Government authority on the document’s return to India.
DFAT & The Indian Consulate
After being notarised, a Power of Attorney may need to be stamped with an Apostille by the Department of Foreign Affairs (DFAT) and/or lodged with the Indian Consulate.
Whether a General Power of Attorney document needs to be sighted by the Indian Consulate in order to be legally valid in India depends on the contents of the document and its intended use. Please check this with VFS as well as your Solicitor.
In summary, moving to Australia can be tough, and it can be even tougher when you need to continue your personal and business affairs back in India. It can be made a little easier when you authorise someone back home to carry on your affairs on your behalf. Many Indian institutions permit this, provided that you have given a Power of Attorney authorising a person or people to act on your behalf.
Therefore, If you are an Indian national and you need to appoint an agent (“Power Of Attorney”) to conduct transactions on your behalf, John Pearce, as a recognised and practising Notary Public, has the experience and authority to witness these documents for you.
How Do I Book an Appointment with John?
MELBOURNE CITY OFFICE
Level 13, 200 Queen Street, Melbourne
EASTERN SUBURBS OFFICE
10 Frank Street, Box Hill South
FEES: Fees are based on the amount of time it takes for the official Notarial Seal and Signature to be applied to your document(s):
1 – 5 Minutes: $88
6 – 10 Minutes: $110
11 – 15 Minutes: $165
16 – 20 Minutes: $220
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).
Please click here to make a booking at the City or Box Hill Office. Alternatively call 03 8648 6541 during business hours.
What you need to bring: 100 points of ID as well as all documents needing to be notarised.
Please Note: Appointments cancelled with less than 24 hours notice may incur a fee. Please ensure that you arrive in a timely manner.