Attestation of Power of attorney at Indian Consulate in Australia

Australia
1

I am living in Australia and want to give POA to my uncle in India to complete my apartment registration on behalf of me.

For Attestation of Power of Attorney at Indian Consulate in Australia do i need to fill any form or just writing the content on paper will work?

I remember while I was in US i did POA by using a Form 35 ( i guess…)…please suggest

2

The PoA can be written on a plain piece of paper.

The attestation request has to be done using an attestation application form (called miscellaneous form in US-based Indian embassies).

In the case of Australia, you have to send your PoA (written on a plain piece of paper) to VFS global. This company services the requests for attestation by the Indian high commission in Australia.

You will have to fill VFS’s application form and pay fees to them directly.

3

i have gone through this and found below…can u help me what is this means?

All applicants should ensure that documents submitted for attestation (other than documents issued by Indian authorities) have the apostille stamp from the Australian Department of Foreign Affairs and Trade (DFAT) before submitting them to VFS centres for attestation

4

Apostile means attestation by Australian government. There is an agreement between Australia and India where if any legal document is “APOSTILED” by Australian government, then that document is legally valid in India.
Apostile simply attestation by Australian government.

In some cases, Apostile is required in US too. Its not a big thing to get the apostile done. It is in-fact same as Attestation by Indian High commission. The only difference is that it is done by Australian Government.

I would suggest you to

  1. Write POA. use Sample PoA:

2 Get it apostiled by Australian goverment office.
3. Submit it to VFS for Indian high commission attestation.

For the USA, I have listed the same steps in detail here:

I will try to write for Australia soon, but the main steps remain the same.

5

Hi Anil,

The second step after creating the document (ex: General PoA) is getting the document through a notary public. The notary public will sign, seal and stamp the document. After that comes the apostille process where you have to deft DAFT validate the notary public signatures and stamp. That’s all they do. Details mentioned here -

And then the last step as you’ve mentioned is getting through Indian high commission. Hope that ties the picture.

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6

Hi @Bhavin_Shukla - Thanks for sharing this info. I am in the same boat, looking at creating a Power of Attorney for a real estate transaction in India. I am an Indian citizen, currently living in Melbourne. So based on the info you shared, I understand that below is the sequence of steps to follow. Please let me know if this is incorrect -

  1. Create a POA document on a A4 sheet of paper & notarise it by a Public Notary in Australia
  2. Get a Apostille stamp on this POA from DFAT
  3. Submit this to VFS in your city to get the document attested

The reason I ask this is because on | vfsglobal - vfsglobal, the following is mentioned. Does that mean Step (3) above is optional? Though I do understand that authorities in India might not accept a document which has not undergone (3)

Quote

  • Wherever the documents are already apostilled by the Australian Department of Foreign Affairs and Trade (DFAT), no further attestation by the High Commission/Consulates is required as per provisions of The Hague Apostille Convention and such apostilled documents are entitled to recognition in India
  • If the applicant, for whatever reason, desires an additional attestation by the High Commission/Consulates, an undertaking letter would need to be given by the applicant that he/she is aware of the provisions of the Apostille Convention and that he/she would still like to have an additional attestation.

Unquote

Thanks!

7

Hi RM/Bhavin/Anil,

Thanks for the post, it gives a lot of needful information.
I’m in the same situation now and i need few clarifications from you.

  1. Is it mandatory to get Apostille from DFAT on sample POA, or just attestation from Notary public is enough before going to VFS?

  2. How much notary public and DFAT are charging for attesting sample POA?

  3. Is there any other and effective option available?

Please respond when you get a chance.

Thanks in advance.

8

Hi Abinesh,

I just finished the first step of notarising the document by an attorney yesterday. The notary who does a lot of work for Indian POAs mentioned that DFAT Apostille is required if you hold a non Indian passport. The language for requirement of DFAT Apostille on the VFS website is ambiguous.

Notary cost was AUD 110 for me. Next and final step for me is to get Attestation from VFS.

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9

Thanks much RM.

I will also follow the same.

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10

Sure. Let me know what you also find out so we can make sure we have checked all check boxes. Thanks.

11

Hi @Abinesh_yuvi. How far along were you able to move forward with your process? Did you have to post your original passport to VFS for attestation by Indian Consulate? I emailed VFS last week asking if I need to do so but no response so far. Their phone support is also not open :-/

12

Yes, their customer service is not open yet.
These are the steps i followed.

  1. Got the POA document attested by notary public
  2. Couriered the attested document along with Indian passport to vfs for final attestation.

Follow the steps in the “document attestation check list” in the below vfs portal.

Note: DFAT attestation is not required for Indian nationals.

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13

Hi Abinesh / RM / Anil
I also have to apply for POA , can you please correct me if I am wrong

  1. Print out POA in simple A4 Paper , get it signed from 02 witness
  2. Then Visit the Notary and get it Notarised
    My Query is… What supporting document (Self and of the person in whose name we want to make GPOA) do we need to take to Notary for attestation of POA
  3. No need for DFAT…if you have Indian Passport
  4. Send the Notarised POA to VFS for Indian Consulate Endorsement…
    My Query is… What supporting document (Self and of the person in whose name we want to make GPOA) do we need to send to VFS for attestation of POA

Looking for the support.

14

Great, thanks for the update Abinesh.

15

@Gagan1976 Check with your lawyer in India if notary on plain white A4 paper works for your case. For me, I was told that it does but it’s best to confirm from where in India you are submitting this at.
Two witnesses need to sign it in front of the notary.
2. I did not have to show any document id of the person who I’m giving my POA to. I had to carry my Indian passport and local Australia Driving license. I think they need a 100 point check.
3. AFAIK, yes. But I haven’t completed my process yet.
4. Check the link which Abinesh shared above wrt VFS. It has the list of documents.

These are my personal opinions and not a legal advice :slight_smile:

16

Hi

VFS Link- | vfsglobal - vfsglobal
says that
"Important:

Attestation of signature - This service is given to Indian nationals holding valid Indian Passports only. The signature needs to be first attested by a JP/Notary. In the case of foreign nationals including Australian citizen, the signature should have been apostilled by DFAT before submission to VFS."

So it Means if we can get GPA signed by JP , I think that should also work , why to Pay Notary…
Any Suggestion Please …

Thanks
Gagan

17

Hi Guys,
I am in the process of getting a POA. I am an Australian citizen but also have my OCI (Overseas Citizen of India) card.

Just wanted to know if

  1. The steps would be the same as listed above
    a) Print out POA in simple A4 Paper , get it signed from 02 witness
    b)Then Visit the Notary and get it Notarised
    c) Get DFAT
    d) Send the Notarised POA to VFS for Indian Consulate Endorsement…
  2. Where do I go for point 1.b). Is this just at any Australi Post office or a justice of the peace?
  3. What is the process to get an Apostille stamp on this POA from DFAT

Any help would be appreciated.
Thanks
Mark

18

Thanks @Abinesh_yuvi @order_response for sharing all this info, its really a saver.
I also need to start process to giving POA to my father in India.
So just outlining my understanding below, hope you will verify as per your expereince:

  • Print Out POA on simple A4 paper.
  • Visit notary to get it notarised.
  • Send the notarised POA to VFS.

Some doubts in step 2(notary):

  • Do we need to affix photographs of me, person to whom I am giving POA & witness on the POA?
  • Do notary has to put stamp on every paper of POA and all photographs?
  • Do witnesses also have to visit notary to sign them in from of him?
    or I can get them signed and then take that POA to notary?

I know its lot of questions, but you know in India they found any fault and reject your application so want to be sure :slight_smile:

@order_response I beleive you are in Melbourne, I am also in melbourne.
Can you suggest any notary and charges?

Thanks in advance,
Gaurav

19

Hi Gaurav,

With respect to printing the POA on a plain white A4 paper, I would suggest you get this checked with the authorities in India where you are submitting this asking if they accept this. In my case, it was acceptable but it varies by authorities.

  • On the POA which you send from Australia to India, the only photograph(s) required are of you or the person who is granting POA to someone else. No photos of person who you are granting a POA or witness were required in my case.
  • Mine was a 2 page POA and the notary stamped on both the pages. I affixed photo on only the last page and cross signed it in front of the notary. The photo was not stamped by notary.
  • In my case, I took along a witness with me (my spouse) to the notary and the notary had one (his assistant) who signed in front of the notary.
    I got my notary done through John Pearce in Melbourne. He was very good and is very experienced with Indian POAs so I would recommend him. He charges by min and his charges are listed on his website. Just google for John Pearce Notary and check out his website.

Note: This is my personal opinion and not a legal advice :slight_smile:

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20

Thanks a lot for a detailed explaination, really appreciated.

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