After all the possible research and evaluating various options, shortcuts, workarounds and all that you can think of , I found that getting a Power Of Attorney done in the right way was the best, safest option.
I am describing the procedure here for the benefit of all those who may ever feel the need to getA Power of Attorney(POA) done:
Steps for getting POA in Australia:
(The steps below are for only Indian Citizens. For others I have no idea regarding the process).
6) Go to the Consulate office before 12.30 p.m. [ If you can go by 10.30 am then you can get the attested document same day.]
1) Get the format and content of POA from either a lawyer in India or from a website.
2) Print the POA on a normal A4 paper. Yes, no need of Bond Paper.
3) Affix a passport size photo below near the place where you have to sign. (Do not sign)
4) Take a print out of the PDF file in the link below:
Fill it up ( Photo need not be affixed since you have to drop of your documents directly at the consulate)
5) You will need to go to the Indian Consulate office for Australia in your local city. Refer to the site below for address, documents that you need to carry and fees (40$).
7) Pay the fee at the counter and sign the POA and photo attached at the counter in the presence of the consulate staff. Submit it along with the filled form mentioned in step 4. They will also collect your passport. (Do not forget to take your passport).
8) Once everything is done, the staff will ask you to come back and collect the attested Power of Attorney usually 3 hrs later or the next day if it is late. Collect the document at the exact time mentioned by them.
Thats it ! You can then post the Power of Attorney to India. This is valid and fully legal to be used as good as getting Power of Attorney done in India.
Pretty useful info, it helped me.
ReplyDeleteJust one thing to add to your blog - For Australian citizens of Indian origin (like me) they will ask for OCI/POI instead of australian passport.
As an OCI holder, does an indian power of attorney need to be registered at DFAT or can it be taken directly to the Consulate for attestation?
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can u pls also tell me about where to go?
ReplyDeleteDO I need to go to VFS office aon clarence street or consular general office.
What is the place and address u went to.
your earliest response to this is greatly appreciated.
Thanks
Shashi Singh
Pls email me
shashiranjan.s@gmail.com
Hi Sashi,
ReplyDeleteThe address is actually mentioned at the download pdf(link of which has been provided). I am suer you must have figured that out by now, seeing your post was in December, but may be this will help sm1 else in the process.
Hi, Thanks for the info - it really made it simple for me. I got it made in Melbourne. Just sharing the info incase anyone needs to know the address for Consulate General Office in Melbourne: 344, St. Kilda Road, Melbourne, VIC 3000, Australia.
ReplyDeleteWebsite: http://www.cgimelb.org/
I took many documents but all the needed were the passport, POA Letter and the Miscellaneous Services, photo.
hi priya this is sanjay from melbourne...i need my POA done for my divorce application....can i plz tell me does it really work on normal A4 paper and i need passport,POA content on A4 paper and PDF form filled and passport side pic..is that it? is ther any thing and how much fees for that? i asked couple of mlbn lawyer but they r asking more that $500 its too much i think can u plz reply thxxxxxxxxxxxx
Deletehi priya POA letter can be simple or it has to be notarised..plz reply
DeleteHi Priya,POS letter did you print in a A4sheet paper or the stamp paper?
DeleteFrom where shall I get the format or content of POA? Is there any website which gives such format or content? Please reply.
ReplyDeleteGuys...In a similar situation. I am an AU Citizen..Going to India and someone wants to provide me with a POA to act on behalf of them in India on property matters. I do not have an OCI at the moment, can i compile a standard NSW POA and have it attested by the consulate general and will it work in India..Assist would be appreciated
ReplyDeleteHi I am in the same situation. I am an Australian Citizen with Indian Origin. Can anyone advise me the procedure to grant power of attorney for sale of property in India.
Deletecan any one tell me plz how to get format for POA for divorce? i wanna give my power my dad to sign on behalf of me
ReplyDeleteThe address mentioned is incorrect for sydney indians
ReplyDeleteThe address is actually
Level 3, 109 Pitt Street
Sydney, NSW 2000
Australia
Thanks a lot very useful info....
ReplyDeleteIn your case did you parents have to get the PoA (authorised)in India as well.
If so, while preparing the PoA did you add your parents name as well for signature.
GENERAL POWER OF ATTORNEY
ReplyDeleteTo all to whom these presents shall come, I
Mr. XYZ
Age: About NN years Occupation: Private Service
Residing at: 14th Floor ,
10, Upper Bank Street,
London , E14 5NP
Whereas, I am residing abroad on the above said address for my service purposes and hence I am desirous of appointing some fit and proper person to manage all my affairs stated hereunder and as such requested
Mrs ZXY
Age: About NN years, Occupation: Govt Service
Residing at: Room No. 123 ,
Shri XYZ Apt
Vazira Naka, L.T Road,
Borivali-West.
Mumbai -400091.
Indian inhabitant (hereinafter called as ATTORNEY) to act
for me and to look after my affairs, which the said attorney has consented
to do;
Now know to all and by this presents witness that, I, Mr XYZ , executant herein do hereby nominate, constitute and appoint Mrs ZXY as my true and lawful Attorney, to do execute and perform the acts deeds and things for me the purposes aforesaid.
I hereby confer upon the Attorney the following power and authorities.
1. To open and operated Non-Resident Saving Account in my name with any Bank in India and deposit, transfer and withdraw the amount from the said account as my Attorney shall think fit and proper which may accrue in the above said account to which I am entitled.
ReplyDelete2. To transfer amount lying in Non-Resident Saving Account to Non-Resident Non-Repatriable Account and Non-Resident External Rupee Account (Term Deposit Receipt) and vice-versa including the power to transfer the amount from one account to another as my said attorney shall think fit and proper. I further hereby authorise my Attorney to receive money from the matured fixed deposits, to dissolve any fixed deposits in an immature and to give a valid discharge for the same.
3. To operate all FCNBS and/or NRNR deposits and to deposit, withdraw or transfer any amount FCNBS and/or NRNR deposits and to invest or deposit the said amount with any other bank
4. To operate NRO (Non-Resident Ordinary Account) and to deposit and withdraw the amount from said account as my said Attorney may deem fit and proper.
5. To raise loan or to borrow amount on the strength of the Term Deposit Receipts on or any other investments lying with the Bank and to sign necessary papers in connection with it.
6. To invest any of moneys in such a manner at such rate of interest and upon such securities as my said Attorney shall in her discretion think fit and proper and from time to time alter and vary the said investments or any of them into any other investments and in the mean time and pending such investments as aforesaid to deposit the said moneys or any part thereof with any banker or bankers to whom my said Attorney shall think fit to entrust the same including power to sell, transfer, assign in favour of any third party.
7. To sell and/or transfer any of my shares, debentures of any company/firm as a suitable and to sign the contract of sale or transfer as my said Attorney deed fit and proper in that behalf.
8. To obtain from Post Office, UTI, NSC Certificates or any type of Certificates of Deposits, to purchase the same in my name including the power to receive money thereof on maturity, to sign the receipts, on my behalf as may be necessary in that regard.
9. To draw endorse and sign any cheque on any bank, drafts pay orders , dividend interest , warrants or other investments payable to me and to sign my name and execute on my behalf all contracts, transfers, assignments, deeds and instruments whatsoever.
10. To make application/s to Reserve Bank of India or any other Central or State Government authorities in case of prior permission is necessary before investing money in shares, debentures, stocks, annuities etc.
11. To appear before the income Tax Authorities and to sign on my behalf income Tax returns to submit the same on my behalf to the respective taxing authorities.
12. To execute, declare and affirm on my behalf all the applications, documents, declarations and affidavits as may be necessary for the purpose of Income Tax, to file Appeal revision etc. against the orders of Income Tax Authorities and to compound , compromise, settle the matters as my Attorney thinks fit and proper.
13. To appoint on my behalf such Auditors, Accountants and Advocates as the said Attorney shall deem fit and proper for representing me before the Income Tax, and/or any other taxing authorities or any other Tribunal or Court in respect of any legal matters, assessments and to discharge them and appoint new Auditors, Accountants and Advocates as the case may be in their place.
ReplyDelete14. To hold negotiations, meetings and discussions with any individual, firm , body corporate engaged in construction of bunglows , residential tenements and sale of open plot of land anywhere in India for purchase of flat, bunglow or residential tenement.
15. To negotiable for the price for the intended transaction of purchase of flat, bunglow or residential tenements.
16. To enter into Agreement of Sale for purchase of flat, open plot of land, bunglow or residential tenement with the promoters and builders.
17. To pay consideration for purchase of flat, open plot of land, bunglow or residential tenement and to obtain necessary receipt for the same.
18. To sign and execute all other deeds, instruments and assurances which shall consider for acquiring rights, title and interests in the open plot of land, flat, bunglow or residential tenement.
19. To present Agreement of Sale or other document or documents for registration and to admit execution there of. To sign any agreement of sale or sale deed before the Sub-Registrar or Registrar having authority for or to have them registered according to law and to do all other acts, deeds and things which my said Attorney shall consider necessary for purchasing the property.
20. To obtain conveyance of any property so purchased on my behalf and to present said conveyance deed in the office of Sub-Registrar and to obtain the original copy of the said document.
21. To obtain possession, enter and possess the premises so procured and to enjoy the same.
22. To make application for loan in any Bank, Financial institution etc. and to sign and execute all application forms, declarations and any other requisite documents for the purpose of housing loan/credit facility.
23. To sign and execute all loan documents/agreements and to pay loan amount in instalments or in lump sum.
24. To sign and execute mortgage deed in favour of Bank to present the said deed for registration and to admit execution thereof.
25. If the mortgage is to be executed by deposit of title deeds, then to deposit documents of title with the Bank with an intention to create security thereon.
26. To sign and execute Confirmation Letters, Debit Balance Confirmation Letters, Revival Letters etc.
27. To enter into an Agreement of lease/rent with prospective party for the purpose of lease/rent, charges, tenure, period and other terms and conditions as may be necessary in this regard.
28. To make application to Revenue Authorities, Corporation authorities, Maharashtra State Electricity Board and any other offices for, the purpose of recording my name on all the deeds.
29. To sign on the application forms, affidavits, indemnity bond and other documents for the purpose of formation of co-operative housing society or apartment.
30. To vote at the meeting.
31. To institute, defend and prosecute , endorse or resist any suit or other actions and proceedings, appeals in any Court anywhere within India including Civil, Criminal, Revenue, Revision before any Court and to execute Warrant or Attorney, Vakalatnama and other authorities to act and plead, to sign and verify the plaints, written statements and other pleadings and also to present memorandum of appeal, to accept service of summons, notice/s and other legal processes and to engage Advocate/s on my behalf as my said Attorney shall think fit and proper.
ReplyDelete32. To accept any money or moneys due to me from any Central Government/State Government/Local Bodies/Corporation/Public Authorities or Private Institution/Company/LIC/Unit Trust of India and to issue or sign necessary receipts for the same on my behalf.
33. To delegate all or any of the powers , authorities and liberties hereunder vested and to appoint any substitute or substitutes limited to any one or more purpose or purposes as my said Attorney shall from time to time desire in that behalf.
34. To keep any money in Fixed Deposit Scheme in my name in any bank as my attorney may deem fit and to accept the payment, to give valid receipts after the sate of maturity. I also authorise the Attorney to en-cash the fixed deposit in any premature stage and to sign necessary documents for discharge.
35. AND GENERALLY to do , execute and perform any other act deed and thing whatsoever which in the opinion of may said Attorney ought to have done, executed and performed in relation my concern or affairs ancillary or incidental thereto as fully and effectually as I myself could have done the same if I was personally present.
AND I hereby agree and undertake to ratify and confirm all and whatsoever my said Attorney under the power in that behalf herein before contained shall lawfully do, execute or perform in exercise of the powers, authorities and liberties hereby conferred upon, under and by virtue of this Deed.
IN WITNESS WHEREOF I, the said Mr XYZ has hereto set and subscribed my hands these presents, on this day of 2013 at
Mr. XYZ
(EXECUTANT)
Hi Friends,
ReplyDeleteI have uploaded a POA format above.
I got the format from State Bank of India while applying for Home loan.
Hope it helps...
Thanks and Regards
S@m
Thanks S@m , you are brilliant,this is great help.
DeleteHi Guys
ReplyDeleteJust have a question can there be more than 1 POA??
Thanks
Dhaval
Take a photo copy (first page and last page) of the passport and $40 in cash (no cards accepted)
ReplyDeleteThats great man. it helps. Thanx for sharing the much needed info.
ReplyDeleteGPOA general power of attorney, prepared by my lawyer in india mentions two witnesses. Pls someone help: for executing GPOA at indian consulate sydney do we need two witnesses present at the consulate? or we can take signatures from consulate people only.
ReplyDeletethanks
vin
Hi Sydney Indian/ others,
ReplyDeleteAppriciate your infor for POA for India from Australia. I want to make POA for my parents from Sydney. But I learnt that now from yr 2012 Indian Govt make compulsary to make POA Registered. In such case, how / is the above explained POA which is attactated in Indian Conulate in Australia will be be accepted ??
Plz suggest / reply on below mail
THANKS
Naren
nap.sap@gmail.com
Very useful. Thank you for this superbly simplified information. Best wishes & Kind Rgds - Magesh, Chennai
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Thanks a lot for sharing this important information. It really made my work very easy.. Cheers!!!
ReplyDeleteThanks for this useful information......procedures stated here still the same??.
ReplyDeleteGuys
ReplyDeleteI just came back from consulate. Another important change make sure you have your FULL NAME printed in the POA document and dont follow indian style of . rather
Hi there
ReplyDeleteDo we still need to get it notarised before taking it to the indian consulate.
Two witnesses- do the witnesses need to come to the notary office or consulate office?
your assistance will be greatly appreciated.
Regards, Bobby
Divorce lawyers can be also considered a valuable asset in the court as they can be the official to represent the partner in the court of law if there is the case. Several issues need to be sorted out, such as alimony, child custody, as well as the dissolution of property and through the mediation of a lawyer all these can be settled in an amiable way between the two partners.
ReplyDeleteFamily Lawyers Sydney
Thanks a lot for the information
ReplyDeleteHello All,
ReplyDeleteI need to get my Affidavit stating my Indian name (shortened version) and Passport Name are the same. I have the affidavit made from India and it is notarized in India by an Advocate. I live in Adelaide and I need to apply to the High Commission in Sydney. Hence, I need to post it.
Could somebody tell me if a Passport True Copy attested by Justice of Peace is valid enough to be sent with the affidavit document and the application form ?
Thanks much in advance,
N A
Thanks for this post. Very Useful Info.
ReplyDeleteGot POA attested on 25/06/2014 from Melbourne Consulate and all whats required is :
1. POA Template filled (Do Not Sign - Sign in front of them)
2. Two passport sized photographs
3. Indian Passport for identity (Mandatory)
4. Miscellaneous Form to be filled.
(http://www.hcindia-au.org/images/pdf/misc-services-form.pdf)
5. 40$ (AUD) cash only.
Office hours are from 9:30am to 12:30pm so be there not after 12:00pm.
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The Indian Consulate (VFS Global ) asked for notarization AND DFAT apostille stamp before they verify it. Any pointers on where I can get it notarized by a public notary ?
ReplyDeleteHi, Thanks for creating this blogpost as the method mentioned here helped me and worked flawlessly. By following the said method I got POA from Melbourne Consulate.
ReplyDeleteHowever, as expected back in INDIA, when my dad went to get POA Notarized. He is asked to get it done in Chandigarh High Court. As per local Notary Public if POA is given and it has to be executed in other states of India then it has be signed from High Court of that state. Sounds Stupid to me. Anyone else encounter this problem?
In my case I provided POA to my Dad in Punjab and I have a property in Bangalore and my dad has to go there to close my home loan and get the documents from LIC. These local Notary officers in Punjab says that we have to get this POA signed from Chandigarh High Court. :(
This is what I had to do very recently to get a power of attorney for a relative to act on my behalf in India. I am an OCI with Australian passport.
ReplyDeleteStep 1: write POA with powers limited to what you want done. Do not give general powers. Even if you trust your relative completely, if something happens to them, eg getting dementia or stroke, someone else could control them to act against your interests. Get legal advice if you are unsure of what to allow on the POA.
Step 2: get your POA letter stamped by a public notary (cost about $150 -more if there are multiple pages)
Step 3: go to the Dept of Foreign Affairs and Trade to get apostille (if you go early you can come back and collect it in the afternoon of same day). Costs about $80 including binding of POA document.
Step 4: photocopy your passport and get it signed as a true copy by a Justice of the Peace.
Step 5: get a passport size photo of yourself.
Step 6: go to VFS Global services (they handle outsourced work for the indian Consulate) with your POA, photo, and JP attested photocopy of passport. Take a ticket for miscellaneous services, fill out a form, they will glue your photo to the form, and pay about $40. You will need to leave it with them for about a week, they can courier it to you when ready or you can come and pick it up. Extra $20-30 for the courier service.
Step 7: send original POA document by registered mail to india.
I am currently waiting for the POA to get attested from consulate.
Your relative may have to go through more bureaucracy in India. Will try to update on this after I send.
Sydney addresses:
DFAT: Lee St. Near Central Station
VFS Global: 189 Kent St. level 8. Go early to avoid lengthy waiting time.
There are instant passport photo booths available there.
Hi Jeronimus
DeleteThanks for the clear and detailed post on OCIs providing a POA to use in India.
If we go through this procedure.. (Notary Public - DFAT-VFS) , will the relative in India need to register this? And definitely no stamp paper to be used, either pre or post execution?
Thanks very much for your time!
HI jeronimus,
DeleteThank you for your detailed instruction. Just wondering when do we sign the POA? Do we need any witness for the same?
Hi Jeronimus,
DeleteCould you please provide some details whether we have to register POA in India or we can just give it to bank.
Thanks in Advance
If we get the GPA in Australia, do we still need to register in India?
ReplyDeleteor GPA holder (OCI) can sell the property?
The process is different for those holding Indian passport. I have too described the process on my blog if it helps - http://flighttoaustralia.blogspot.com.au/2015/04/indian-power-of-attorney-from-sydney.html
ReplyDeleteJustice of Peace denied to sign POA, may be process has changed.
DeleteHlo my name is pankaj and i live in Brisbane, i want to know something from u that can i able to know how could i send power of attorney to india because i sale some property in India and now the registration is coming but i'll be not present there on that time so what is the procedure of sending the power of attorney.
ReplyDeleteHlo sir, we are from brisbane and want to send Power of atorny to my parents in india. Can you please let me know is the procedure is same with sydney or it is different. Please reply me. Thank you. Waiting for your reply
Deletehi guys ,
ReplyDeletei am an oci holder and i have property in india which i have to rent it out i need to give POA to my brother to handle with the agreement documents with the tenant
so any one knows what the procedure is for the POA
can send a POA with notrised signature and stamping
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This comment has been removed by the author.
ReplyDeleteHello Thanks for Sharing information.
ReplyDeleteSydney Wills Lawyers, is a specialist Sydney law firm where we focus on estate planning everything to do with Wills. We have done so for 20 years.Probate Lawyers Sydney
Hi Guys,
ReplyDeleteCan anyone please help in describing the current process of attesting GPOA from Indian Consulate? I need to apply for a home loan in India and I have the ICICI bank GPOA form. It will be helpful if some can give his/her recent experience with Indian Consulate of Melbourne.
Thanks,
Ankit
This comment has been removed by the author.
ReplyDeleteHi Guys,
ReplyDeleteLinks provided above is no more available. If anyone recently processed POA application could you please share the procedure and related url links.
Thnaks,
Roopkumar
Dated:: 4th July 2018
ReplyDeleteFor OCI holders, procedure is still same as above.
1. Write a POA giving whatever powers you want to whoever you want
2. Print it on plain white A4 paper
3. Take it to a notary and paste your picture, sign it I front of notary. Make sure notary can provide two witnesses. Else take two witnesses with you.
Remember, the person getting the POA (example your father / husband) cannot be a witness. It costs $50-$100 dependingon the notary.
Some notaries also offer to mail it to DFAT.
Example: Charles Reichman in Melbourne charges $80 for notarising and nothing to forward it to DFAT other than DFAT fee.
DFAT fee is $80.
4. Take this notarised POA and send it to DFAT office. Link to website below
http://dfat.gov.au/about-us/our-services/apostilles-authentications-certificates-of-no-impediment-to-marriage/Pages/apostilles-authentications-and-certificates-of-no-impediment-to-marriage.aspx
5. You can drop it off or mail it with a self addressed paid envelope
6. Once you get it back from DFAT, you can take it to India and get it registered.
7. If you want to feel even safer, send the DFAT to VFS for attestation from Indian embassy.
Procedure for the last step: fill Miscellaneous form from VFS website, stick a photo. Attach a copy of your OCI and passport(attested free of cost by any Justice of Peace). With a fee of $40, give it to VFS. They will get it attested by Indian embassy.
For an Indian passport holder , procedure for POA.
ReplyDelete1. Print a format of POA on white paper. Stick a picture. Get it notarised. You need two witnesses. Ask the notary if he can provide two witnesses or take your friends. Notary costs $50-120.
2. Get a copy of your passport and visa attested by any justice of peace. It should be free since they can’t charge for this service. Many police stations offer this service.
3. Fill up Miscellaneous form from VFS. Stick a picture. Link for document check list.
http://www.vfsglobal.com/india/australia/consular_miscellaneous/pdf/Document-Attestation-Checklist.pdf
Link for filling the form
http://www.vfsglobal.com/india/australia/consular_miscellaneous/pdf/Miscellaneous-Services-Form.pdf
It costs $40 to get this done
For property registration and band loan I need POA on 500 Rs stamp paper. I have stamp paper and statement printed on it. Is there a way to get it notarized this in Sydney?
DeleteHi...I m from india.i m a lawyer. If u have any prob to execute ur legal documents in India, u can contact me on firojuddinislam@gmail.com.
ReplyDeleteThank you.
After getting POA from Consulate/VFS in Australia,is it necessary to register the same in India or receiving the POA from Australia is last step ?
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