Notarization of Indian Court Documents in Melbourne
For those with legal representation in India handling court cases on their behalf, you may be required to sign a vakalatnama. As a top provider of notary public services in Melbourne, we often assist clients in confirming their identities and witnessing their signing of the vakalatnama, enabling them to forward it to their Indian legal counsel.
What is a Vakalatnama?
The vakalatnama is a court document used in India, which you need to sign to empower your attorney to represent you in your Indian court proceedings. Your attorney must then file the vakalatnama with the appropriate court handling your case.
Should you have multiple legal proceedings in India, you would likely have to sign several vakalatnamas (one for each case), authorizing your attorney to act on your behalf for each case.
Is a Notary Public’s Presence Needed for the Signing?
In instances where you reside in Australia but have a court proceeding in India, you would typically need to sign the vakalatnama before a notary public. The notary public’s role is to verify your identity, witness your signature, and then notarise the vakalatnama.
However, if you’re signing within India, you would generally sign in the presence of your Indian lawyer without the need for a notary public.
Can I sign an incomplete Vakalatnama?
Remember, you are accountable for any document you sign.
Signing an incomplete document and then expecting someone else to fill in the blanks could result in unforeseen consequences, especially when you lose control of the document after signing.
In the process of notarising a vakalatnama, we document its status at the time of notarisation. Any subsequent changes do not form part of the notarisation and cannot be validated by us.
Is Apostille Stamping Required for the Vakalatnama?
The necessity for an apostille stamp on your vakalatnama is a question best addressed to your Indian attorney who requested the vakalatnama.
In Australia, the Department of Foreign Affairs and Trade (DFAT) issues apostilles. DFAT will only apply an apostille stamp on a document, such as the vakalatnama, after it has been notarised.
If your Indian attorney cannot provide clarity on the need for an apostille, the following factors may be considered:
- Both Australia and India are Apostille Convention members.
- The Apostille Convention dictates that documents signed in Australia for use in India should be notarised and then bear an apostille stamp.
- After a document has been stamped with an apostille, typically no higher level of attestation is necessary for documents destined for India.
- If an apostille is needed, the Indian court might reject a vakalatnama without one.
- If an apostille isn’t needed, its presence should not invalidate the vakalatnama, as it merely serves as additional attestation.
Does the Vakalatnama Require VFS/Indian Consulate Attestation?
Again, your Indian attorney should advise you whether VFS/Indian Consulate attestation is required for your vakalatnama.
For non-Indian citizens, the VFS will only attest documents that already bear an apostille stamp. In this process, you would be required to sign a disclaimer or acknowledgment stating that, once your document has an apostille stamp, VFS/Indian Consulate attestation is not necessary as per the Apostille Convention. Please call our office on 03 9602 3988 for a quote. Alternatively, please send us an email at chuatan@tpg.com.au. You can read more about what we do here.
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