Why is a Power of Attorney Needed?
Conducting business 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, finalise Indian property transactions and take part in Indian legal proceedings on your behalf.
Power of Attorney for Selling Property in India
If you have property in India that you wish to sell and you need to authorise someone in India to sell it on your behalf, please see the template below. You will still need to have it approved by your Indian Solicitor and signed in front of a Notary such as myself .
Ideally it would be preferable that your Indian Solicitor actually prepare the Power of Attorney you wish to use to sell your Indian Property. You may choose to use the template I’ve provided above however since it has been produced not by an Indian Solicitor, it may not be an accepted form. You may need to check its suitability. We make no guarantees that this document will serve your Legal needs back in India.
Divorce Power of Attorney
Please see the template for an Indian Divorce Power of Attorney.
Again, it is preferable to have the document prepared by your Indian Solicitor, or have this template at least approved by them as we do not guarantee that this document will suffice as a legal Indian document.
General Power of Attorneys
For a General Power of Attorney document to be legally recognised in India, it will need to be notarised by a Notary Public when signed in Australia. You may find that the document will need to be sent from your Solicitor in India with the the requirement that the document be printed on “stamped” or “bonded” paper. The reason is that this type of paper is not available in Australia. If this option is not viable, you may like to check with your Solicitor if a copy of the General Power of Attorney can be emailed and printed out on standard Australia A4 paper (or green paper) and the duty paid to the relevant Government authority on the document’s return to India.
How Can John Pearce Help?
Our firm has seen many different ways in which General Power of Attorney documents are required to be notarised. Before signing your document, it is important to check with your Indian Solicitor as to the correct notarisation procedure. This is to ensure that the notarised document will be legally valid and recognised in India.
You may find that your document may need:
- 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.
What Happens After the Creation and Notarisation?
After being notarised, the General Power of Attorney document may need to be stamped with 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. To ensure that your document will be legally recognised in India, we suggest that you contact the Indian Consulate in Melbourne.
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 back in India, John Pearce, as a recognised and practising Notary Public, has the experience and authority to prepare and witness these documents for you.
Please see below the page if you would like to book an appointment online now.
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)
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.
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.