Power of Attorney for India - Getting advice or listening to rumour

Beware - "word of mouth" is NOT the best advice

The unfortunate reality is that too many people come to us with poorly prepared documents based on incorrect/unreliable advice. Sometimes it's because they cannot get the right advice and sometimes it's simply because they listen to rumour or copy what someone else had done previously. In short, if you choose not to get legal advice from a properly qualified and experienced lawyer in India, you're going to run the risk of wasting your money and your time.

Different Country, Different Laws

There are many important reasons why legal documents should be written or prepared in certain ways, especially if those documents are intended to be legally valid, binding and enforceable. Different countries have different laws (even different states within those countries can have different laws), and so it's important that if you're preparing documents for another country that you get the right legal advice for that country.

Although the laws in India and the convention that it follows are largely the results of the British legal system - and similar to Australia - the laws are not exactly the same. Some people ask us to prepare an Australian legal document for use in India, but that is unlikely to be successful just as if you were to bring an Indian legal document and ask the government or the court in Australia to accept it. Of course, there are some documents that the law will recognise because those documents are valid in their country of origin, but without understanding which documents are valid (and for what reason), you're taking a huge risk in guessing.

Ask the right information from the right source

Sometimes, even legal advice may not be enough depending on the intended use of those documents or what you're supposed to achieve. For example, if you're trying to send banking documents to a bank overseas, you could get legal advice on what those documents should be but you would probably have more success contacting the bank to find out what documents they will accept. The bank may have its own forms and other documents and will not accept any other documents, even if those documents are prepared by your lawyer. If you're trying to submit forms to a government office, you should get the right forms from the relevant government department and check with those government officials as to what formal requirements must be followed rather than consult your lawyer (who may not be familiar with the specific requirements of that government department).

So whether it's a specific form, a type of paper (like stamped paper or bonded paper), a certain format, or necessary wording - starting with the right document is the first step.

Signing the document is only the beginning

Aside from preparing the right document, the other thing you'll need to work out is whether there are any other formalities required to ensure that your document is properly signed. For example, some documents may need witnesses, some documents must be signed or stamped in a certain way, some require photographs or fingerprints, and depending on where the document is going to be used it may also need to be countersigned by the Department of Foreign Affairs and Trade (DFAT) and/or the Indian Consulate/VFS.

As a leading provider of notary public services in Sydney, over the last decade and more, we've assisted many people with notarising their documents for use in India. Interestingly, the numerous variations that we've seen make us question whether there is an actual requirement or whether 'anything official looking' with red stamps and seals is sufficient because that seems to be what has been accepted more often than not. Ultimately, the common requirement for all documents being signed in Australia and sent to India is that those documents must be notarised. This is our service to you.

After we have notarised your documents, we highly recommend scanning your documents and sending it to whoever you're dealing with in India to check whether it's sufficient - and if not, for them to propose what else is required BEFORE you physically send your documents to India. If you send your documents to India without checking only to find out that you needed to do something else with your documents, you would generally need to arrange for your documents to be returned to you or arrange to re-sign and notarise your documents. Accordingly, scanning your documents and checking that it's acceptable is going to save you time and money, and provide you with a peace of mind for processing and eventually returning your documents to India.

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by . Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Keeping up to date with changes to the IDLV process

Do you have the most up to date IDLV Checklist?

The Indian Drivers Licence Verification (IDLV) process is necessary if you want to change your Indian drivers licence to an Australian drivers licence.

This process allows the relevant Australian driving authority in your state to verify that you have a valid licence in India and that you have the pre-requisite driving experience in order to bypass your learner's licence or provisional licence. You may need to check your relevant state driving authority (ie, such as the RMS in New South Wales) to ensure that whatever experience you may have in India will be valid and accepted in Australia.

What about different names?

Sometimes, depending on which state issued your licence in India, your name may appear differently on your Indian drivers licence compared to your Indian passport. This is because your drivers licence may have been issued before you were issued with a passport and the driving authority in India issued your licence according to the name on your 'year 10 mark sheet'. Other times, the difference in your name may be due to various naming conventions which are acceptable in India, but unfortunately are not acceptable in Australia. Even if the differences are fairly minor, such as using your initials instead of your full name or using an abbreviated name or the substitution of your father's name, if your name on your Indian drivers licence is different to your name on your Indian passport, then you are going to have an issue and you will need help.

In Australia, your passport is a primary photo identification document, not your Indian drivers licence. This means the driving authority in Australia will identify you according to your passport and if Indian drivers licence has a different name then that licence will not be accepted as your licence without other supporting evidence which you must obtain through VFS.

Notary public services and the IDLV application

As part of the IDLV process, VFS will provide the supporting evidence required by the driving authority in Australia to confirm that you are the one and the same person in your passport and your licence, that your licence is valid and your number of years experience in India. However, before VFS will provide that supporting evidence, you must apply to VFS and satisfy all the requirements in their IDLV Checklist. One of those requirements involves our notary public services.

As a leading provider of notary public services in Sydney, we have assisted many people who have different names on their Indian passport and their Indian drivers licence. We provide them with a notary certificate to verify that they are the one and the same person, and we assist them in satisfying the requirements of the IDLV process.

Where is the most up to date IDLV Checklist?

A few years ago, VFS changed their IDLV process from requiring an authentication stamp to an apostille stamp. This was a significant change at the time because not only were they different stamps issued by the Department of Foreign Affairs and Trade (DFAT), but there was a significant cost difference between an authentication and an apostille especially when the documents were bound together - which, in the case of the IDLV supporting documents, we did to also include copies of passports and drivers licence.

To avoid any complications arising from using outdated information or old documents, always download the most recent IDLV Checklist directly from the VFS website. You can find it here:

http://www.vfsglobal.com/india/australia/consular_miscellaneous/pdf/IDLV-Checklist.pdf


The last time the IDLV Checklist was updated was in November 2017, which means that if you started preparing your application before then, you should make sure everything you now submit is up to date and satisfies the current requirements. Fortunately, there have been no changes to the VFS requirements for the IDLV if your name on your Indian Passport and your Indian drivers licence are different.

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by . Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Apostille Services resume for 2018

We have resumed our notary public services and apostille services for 2018.

From 1 January 2018, the Department of Foreign Affairs and Trade (DFAT) have increased the fees for the apostille and authentication of documents. Previously all documents that were stamped with an apostille or authenticated by DFAT were $80 each. The new pricing applies to all documents lodged after 1 January 2018.

Authentication
$81

Apostille
$81

No change to our fees

As a leading provider of notary public services, we regularly assist our clients with notarising their documents in order for those notarised documents to be stamped with an apostille or authenticated by DFAT. If requested, we also assist our clients with arranging for the apostille or authentication.

Despite the increase in DFAT fees for the apostille and authentication of documents, our fees have not changed for 2018 and remain the same as they were in 2017 – which is fantastic news for our new and returning clients.

Other developments

Over the recent months, there have also been a number of other developments in the way that we process documents. One example is in the Visa Entitlement Verification Online (VEVO) check that we perform and have bee notarising for our clients who need to send proof of their visa entitlement in Australia to another country. In the past, the information available to us from VEVO has been limited to the passport number and visa type.

Fortunately, VEVO has updated its report to now show more information such as the visa holder’s name and more information about the visa (including relevant dates). This means that the search results that we obtain and the certificate that we can provide will be more detailed, and hopefully provide the necessary information or proof required by other countries.

On a side note, the foreign office of some countries will still not permit us to acknowledge or recognise their foreign passport in Australia (despite it being the form of identification generally used by foreign nationals who do not have any other form of photographic identification).

As more and more documentation becomes electronic, we expect the developments and the demands for this work will only grow and we continue to adapt and refine our services to meet those developments and the needs of our clients.

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by . Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Suspension of Apostille Services for 2017

Due to office closures over the Christmas and New Year period, we will be suspending our Apostille services from 1 December 2017. Apostille services will resume from 15 January 2018.

We will still be providing notary public services until 22 December 2017.

If you wish to obtain an apostille during this period, you will need to make your own enquiries with the Department of Foreign Affairs and Trade (DFAT) - however be aware that DFAT has traditionally been closed during the Christmas and New Year period or be short staffed. You should expect and plan for delays.

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by . Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Indian Drivers Licence Verification in Victoria

From Monday, 23 October 2017, VicRoads will no longer require people to go through the Indian Drivers Licence Verification (IDLV) process with VFS to convert their Indian Driving Licence to a Victorian drivers licence.

See this link for more information.
https://www.sbs.com.au/yourlanguage/punjabi/en/article/2017/10/23/vicroads-introduces-new-process-conversion-indian-driver-licences


However, this only applies in Victoria. If you live in NSW and you want to convert your Indian Drivers Licence to a NSW drivers licence through RMS, you will still need to complete IDLV process through VFS.

As part of the IDLV process, if your name on your Indian Drivers Licence is different to your name on your Indian Passport, you will need our notary public to verify that you are the one and the same person. We can also help you to obtain an apostille from the Department of Foreign Affairs and Trade.

Review the IDLV Checklist from VFS for more information.
http://www.vfsglobal.com/india/australia/consular_miscellaneous/pdf/IDLV-Checklist.pdf

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Get quote to notarise Indian documents

Acknowledgements

This blog is supported and maintained by . Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.