491. Power of Attorney prepared in Canada for Relative in India
Questions: Hi I hope you can help me. My father had a POA completed in Toronto, CDA for his brother in India. It was fully notorized by a lawyer in Toronto and sealed. The POA is for property. We rec'd a call from my Dad's brother in India and was advised it requires a high comission seal in Canada. Does the POA require comission seal/stamp in Canada? Is it done at the Indian Consulate in Canada? Or is the Notary seal(prepared by lawyer) is sall that is needed. COuld you help and advise. Thanks Urmala Answer: Actually there is no compulsory requirement that a person must get a power of attorney prepared by a lawyer if it is being sent to India. If they prefer, they can prepare the document themselves. Furthermore, a properly prepared power of attorney that has been notarized abroad should be accepted in all countries who are signatories of the Hague Convention. India and Canada are also signatories. Unfortunately, in some situations that arise due to lack of information or misinformation, power of attorney sent from abroad are rejected in India if they are not attested by the Indian High Commission. Most people therefore make sure they get POA attested at Indian Consulates before sending it to India to avoid unnecessary delay and inconvenience. The procedure is fairly simple. Normally Indian consulates do not require a person wanting a power of attorney attested to seek a prior appointment. Generally:•There is no requirement to get the document notarized if applicants are going in person to the Indian Consulate, If not going in person, then the document must be notarized.•Take the prepared document along with passport as proof of identity, pay the appropriate fee •Take a copy of the document and a recent passport size photo of the person giving the power of attorney •Attested documents are returned normally on the same day if presented in person at the Indian ConsulateIn your case, simply call the Toronto Indian consulate to confirm the service timing hours to get the Power of Attorney attested. The seal you mention in your email, is not a lawyers or notary seal but the seal of the Indian Consulate. The Indian Consulate official will stamp the document when they attest it. The fee currently for this service is $32.