Consulate General of India, Toronto, Canada : Attestation of Power of Attorney / Will

Attestation of Power of Attorney / Will

Important Notice in respect of Postal Applications for Attestation Services

PROCEDURE FOR ATTESTATION OF POWER OF ATTORNEY AND WILL

Timing of submission at Consulate:

0900-1130 hrs on every working day.

POWER OF ATTORNEY (POA)

Applicants living in GTA: You are required to come in-person to the Consulate (365 Bloor St E #700, Toronto, ON M4W 3L4). Any application received by post will not be entertained.

Other applicants living in the Consular jurisdiction of this Consulate: You may send the application by post. If the forms are not provided in duplicate, they will not be processed.

Attestation of POA for Indian Nationals

Indian Nationals are not required to authenticate POA from Service Ontario for Ontario Province and designated provincial authorities for other provinces.

Attestation of POA for Canadian Nationals

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 | Ontario.ca), 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 and should be present in person at the Consulate. 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.

POA document can be prepared with the help of any lawyer/legal expert on a plain paper by both the Canadian Nationals and Indian citizens residing in Canada.

Before submitting it to the Consulate, the POA is mandatorily required to be notirzed from a public notary and then authenticated from 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.

Note:For those living outside GTA area, following Service Ontario satellite offices will be providing ONLY in-person authentication service effective July 4, 2023:

Windsor: Windsor City Hall- 205-400 City Hall Square East, Windsor, Ontario N9A 7K6
Thunder Bay: 113-435 James St South, Thunder Bay, ON P7E 6T1
Sault Ste. Marie: 101- 420 Queen St East, Sault Ste. Marie, ON P6A 1Z7
Ottawa: 110 Laurier Ave West, Ottawa, ON K1P 1J1

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.

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 authenticated by Canadian authorities as detailed above;
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.
In case the application has been sent by post (postal option is available only for residents living outside of GTA), 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. Counter applicants can also pay by debit card.
One extra photocopy of all documents should be submitted at the counter.

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.

*Applicants with incomplete paperwork will not be allowed to resubmit application on the same day. Their application will be accepted only on the next working day.

Will

You are required to come in-person along with two witnesses to the Consulate (365 Bloor St E #700, Toronto, ON M4W 3L4). Any application received by post will not be entertained.

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 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: 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.

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:

For Will : C$ 28 is for one seal & signature of the Consulate. Please specify pages in case more than one page is to be attested.

In case of postal application to be paid by bank draft/money order in favour of “Consulate General of India, Toronto”. In case of in person appointment at the Consulate, in addition the above fee can also be paid by Debit Card.

Please note cash, personal cheques, credit cards are not accepted.

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.

Processing Time: 5-7 working days (excluding postal 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

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 you may write to attest.toronto@mea.gov.in

HOME VISITS:

Presence of the person signing Will/POA in front of a Consulate official is mandatory. In case the applicant can not come to the Consulate due to medical reasons, an official of the Consulate can visit the person at residence.

Should you wish to utilize this option the requirements are as follows:

1. A person on behalf of the applicant will need to bring in all the documents to the Consulate for a pre check. This is a walk-in service and you can come any on working day between 0900-1000 hrs.

2. Once docs are in order an appointment on a suitable date and time will be granted wherein an officer will accompany the person to the residence for verification purposes.

3. The fee will be C$ 128 in addition to the regular attestation fee.

4. Applicant will have to arrange for the conveyance of the officer from Consulate to your residence and vice versa (eg. taxi/cab).

5. In case of will, presence of witnesses is also required at the home address.

CLICK HERE FOR DOCUMENT CHECKLIST FOR ATTESTATION...

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