The Australian Consulate-General can witness your signature on some land, mortgage or property documents, certify documents and complete the DFAT Identity Certificate. We are unable to provide legal advice.
Each document is different and we are unable to advise you what is required. Check with the person or organisation which sent you your documents to see if a Consular Officer can witness your signature on the document. You may also seek advice from your Australian legal practitioner, law practice licensed conveyancer or mortgagee, e.g. bank.
Australian states and territories have rules and requirements in relation to land or property transactions, this includes the requirement to conduct a face-to-face interview with the individual who is signing a property document and that the identification documents used to verify a person's identity must be original.
Fees for completing a land transfer at the Consulate can be over Rs 20,000.The Consulate-General charge a witnessing fee per document per person and a certified copy fee per document per copy. For example, a couple who are purchasing a property and require two copies of a mortgage document plus two certified documents each (e.g. a passport and a Indian ID) will be charged 4 x witnessing + 4 x certifying = 8 charges. This would be INR 28,000 – INR 30,000 depending on the monthly exchange rate. You may want to first contact a notary public to see if they can witness your documents for a lower fee. There is no charge for the DFAT Identity Certificate.
Identifiers Certificates' or 'Verification of Identity Certificates'
The Consulate can complete the DFAT Identity Certificate for land, property or mortgage transactions. The Consulate will not sign any other 'Identifiers Certificates' or 'Verification of Identity Certificates'. Check your requirements with your Australian representative and ask them if you need a DFAT Identity Certificate before visiting the Australian Consulate.
Please note the Consulate cannot sign the DFAT Identity Certificate on its own. The certificate states that the Consular Officer needs to witness the applicant execute a document such as the client authorisation, transfer of land, mortgage of land etc. This means if you require the Consulate to complete the DFAT Identity Certificate, we will also need to witness the execution of a land, property or mortgage document.
Who else can do this?
Check with your representative to see if someone else can witness or certify your documents. Each state has different requirements, refer to the relevant links below:
- Queensland - https://www.business.qld.gov.au/industry/titles-property-construction/titles-property/transactions/death-joint-tenant/signing-and-witnessing.
- New South Wales - http://www.lpi.nsw.gov.au/__data/assets/pdf_file/0007/163348/Witnessing_obligations_Real_Property_Act_dealings.pdf.
- Victoria - http://www.justice.vic.gov.au/home/justice+system/legal+assistance/statutory+declarations.
- Western Australia - http://www.austlii.edu.au/au/legis/wa/consol_act/tola1893160/s145.html.
- South Australia -https://www.sa.gov.au/topics/planning-and-property/land-and-property-development/conveyancing-and-surveying-professionals/registrar-generals-statutory-instruments/verification-of-identity-requirements-for-conveyancing.