About Us Attestation of Power of Attorney / Will

PROCEDURE  FOR ATTESTATOION OF POWER OF ATTORNEY  AND WILL

  1. POWER OF ATTORNEY (POA)

Consular Officer on behalf of the Consulate performs the notarial act of certifying the due execution in his presence of a deed, contract or other documents including Power of Attorney (POA) and Will. The Consular officer only verifies the signature and seal of the applicant/authorities (for example Ministry of Government and Consumer Services) in respect of residents in Ontario province) appearing on such documents. 

The executor can give POA to his/her family members, relatives, friends to perform a particular action on his/her behalf in India. The names, contact address, telephone numbers and signatures of two witnesses known to the executor may be provided in the POA, However, for attestation purposes, witnesses’ presence or Photo ID cards are not required at the Consulate. A Power of Attorney can also be issued by joint applicants for which only one POA should be prepared on which both applicants will put their signatures. The charges for attestation in such a case will be the same as that of an individual POA. Only one Miscellaneous Application Form is to be filled in such cases.

Indian nationals can prepare the POA with the help of any lawyer/legal expert on a plain paper. The POA is not necessarily to be made on a stamp paper, while the executor is residing abroad. Indian Nationals are not required to authenticate the power of attorney from Service Ontario.

Canadian nationals can also prepare the POA on a plain paper with the help of any lawyer. However, before submitting it to the Consulate, the POA is mandatorily required to be authenticated by Ministry of Government and Consumer Services- Service Ontario (222 Jarvis Street, Toronto) for applicants residing in Ontario province. Applicants residing in other provinces may kindly get the pre-authentication from the designated consular offices in those provinces. 

Since the Consulate recognizes the seal & signature of the Consular authorities of Canada, it is mandatory on the part of Consulate to sign and put the seal on the front page. However, if the applicant desires to have additional signature and stamp on the last page or any other page as the case may be, where the applicant has put his/her signature on the POA, there will be additional charge per seal & signature of the Consulate.

In the wake of outbreak of Corona virus (COVID-19), it has been decided to suspend all walk-in /over the counter services at the Consulate General of India, Toronto with immediate effect. Attestation of POA will be by post/courier only until further notice.

Requirements:

  • Duly filled in Miscellaneous application form (Click here) along with a photograph pasted on it/Form for joint POA;
  • Attach original and photocopy of POA which needs to be attested;
  • Attach copy of passport (first and last page);
  • Attach copy of valid PR card/Work or Study permit/ Visitor visa (for Indian nationals)
  • Attach proof of address in Canada (Canadian driving license, Gas, Electricity or landline telephone bill displaying applicant's address and House lease agreement.
  • Attach a self-addressed prepaid envelope for return of serviced documents.
  • Fee is to be paid by bank draft/money order in favor of Consulate General of India, Toronto

Fee to be paid:

For Power of Attorney regarding property matters: C$ 28. Please Note that C$ 28 is for one seal & signature of the Consulate, if applicant needs seal & signature on more pages fee applicable will be C$ 28 x number of pages.  Please specify pages in case more than one page is to be attested.

Please note that given the situation of COVID-19, original passport or other documents (except POA to be attested) are not sought by the Consulate, only copies are required to be sent. In case, originals are sent by mistake by the applicant, Consulate will return them, however, it will not be responsible for loss of these documents in transit by post, hence care must be taken.

Important Note: Due to COVID-19, Consulate is working with skeletal strength, we seek your cooperation. Delays may be expected in the given circumstances. However, Consulate is doing attestation in 2 weeks (excluding postal transmission time or delays), provided documents are in order.

Where to Submit/Apply for Attestation:

Consulate General of India

365 Bloor St E #700, Toronto, ON M4W 3L4

 

  1. Will

Please note that for attestation of Will, given the requirement of presence of applicant and witnesses in person at the Consulate and given the COVID19 situation, walk-in is suspended. However, prior appointment maybe sought from-  cons.toronto@mea.gov.in  for attestation of Will.  Please note the following for attestation of the Will -

  • Attestation of Will for Canadian Nationals: Will should be first notarized and authenticated by the Ministry of Government Services, Ontario (222 Jarvis Street, Toronto, M7A 0B6) or the concerned Provincial authorities (link) before submitting it to the Consulate for attestation. The consulate will attest the seal and signature of the concerned Provincial authorities on the page attached by authorities with the Will and other pages, if so required by the applicant and accordingly the fee will be charged.
  • Attestation of Will for Indian Nationals: Indian national residing in Ontario Province may apply for attestation of the Will in person at the Consulate.  In such cases, authentication from Service Ontario is not required. However, the applicant and at least 2 witnesses have to sign the Will document in front of Consular Officer.

Indian Nationals residing in Ontario, who cannot come to the Consulate in person and are sending the documents via post, need to get the will authenticated by Ministry of Government and Consumer Services- Service Ontario (222 Jarvis Street, Toronto), prior to sending the documents to the Consulate. The applicant must ensure that name, address and signature on the last page of Will are obtained before submitting at the Consulate for execution of Will. Photo IDs and address proof of the witnesses are also required to be submitted.

Applicants residing in other provinces under the consular jurisdiction of this Consulate may kindly get the will pre-authenticated from the designated consular offices in those provinces. The applicant must ensure that name, address and signature on the last page of Will are obtained before submitting at the Consulate for execution of Will. Photo IDs and address proof of the witnesses are also required to be submitted.

Requirements:

  • Presence of applicant along with presence of two witnesses in person at the consulate is required for the execution of "Will". Also, the applicant and witnesses have to sign the "Will" in front of consular officer. Applicant must ensure that name, address and signatures of at least two witnesses on the last page of the Will.
  • Duly filled in Misc. application form (Click here) along with a photograph pasted on it;
  • Attach original and photocopy of the Will which needs to be attested;
  • Attach copy of  passport(first and last page) of the applicant
  • Attach copy of valid PR card/Work or Study permit/ Visitor visa (for Indian nationals)
  • Attach proof of address of applicant in Canada (Canadian driving licence, Gas, Electricity or landline telephone bill displaying applicant's address and House lease agreement.
  • Attach photo ID and proof of address of witnesses in Canada (Canadian driving licence, Gas, Electricity or landline telephone bill displaying applicant's address and House lease agreement.
  • Attach a self-addressed prepaid envelope for return of serviced documents, if applicable
  • Fee is to be paid by debit card/bank draft/money order in favor of Consulate General of India, Toronto

Please Note: If the Will is not registered before the death of the deceased, who has made the Will, it needs to be executed (Probate - A judicial certificate saying that a will is genuine and conferring on the executors the power to administer the estate) by the Court Order from the Court of Ontario and thereafter get the order notarized from Service Ontario (222 Jarvis Street) and the Consulate General of India, Toronto.

Fee to be paid:

Since the Consulate recognizes the seal & signature of the Consular authorities of Canada, it is mandatory on the part of Consulate to sign and put the seal on the front page. However, if the applicant desires to have additional signature and stamp on the last page or any other page as the case may be, where the applicant has put his/her signature on the POA, there will be additional charge per seal & signature of the Consulate.

For Will : C$ 35 is for one seal & signature of the Consulate. Please specify pages in case more than one page is to be attested.

Please note that given the situation of COVID-19, original passport or other documents (except Will to be attested) are not sought by the Consulate, only copies are required to be sent. In case, originals are sent by mistake by the applicant, Consulate will return them, however, it will not be responsible for loss of these documents in transit by post, hence care must be taken.

Important Note: Due to COVID-19, Consulate is working with skeletal strength, we seek your cooperation. Delays may be expected in the given circumstances. However, Consulate is doing attestation in 5-7 working days, provided documents are in order.

Where to Submit/Apply for Attestation: 

Consulate General of India

365 Bloor St E #700, Toronto, ON M4W 3L4

IMPORTANT NOTE:  In order to avoid delays, applicants are requested to submit complete set of documents including photocopies of POA/Will, Passports, address proof, etc. for efficient service from the Consulate. Applicant must also provide his/her contact number and email ID for communication purpose.

For any queries and appointment for service in-person, you may write to cons.toronto@mea.gov.in