Attestation of Power of attorney at Indian Consulate in Australia

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

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

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

http://www.vfsglobal.com/India/Australia/consular_miscellaneous/attestation_of_documents.html#transit_overview

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

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 USA, i have listed the same steps in detail here:

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

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 -
https://www.smartraveller.gov.au/consular-services/notarial-services

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

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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 India Visa Information - Australia - Consular Miscellaneous Services - Attestation of Documents, 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!

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.

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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Thanks much RM.

I will also follow the same.

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