Specific power I of attorney has to ge executed by father in law and attested before Indian consulate 

notarised power of attorney will not suffice 

Your father Aadhar card as identity proof is necessary 

Yes for operating he can get the POA. But if any rights and interest is transferred for said property then it has to be compulsorily registered in India 

Let your father-in-law authorise your husband to operate the bank locker by executing a notarized POA in Australia.

Your father in law is the surviving account holder after the demise of your mother in law, hence he becomes the sole account holder. Now to operate his locker and due to his acute medical condition he cannot undertake travel to India for this purpose, he can authorise his son to operate the bank locker by executing a specific power of attorney deed specifying the bank locker account number and bank's branch name and with the details of the contents inside the locker(if he remembers).  But please remember that mere notarisation of SPOA by a local notary is not sufficient, it needs to be attested by an official of the Indian consulate and also he can attach the medical certificate issued by the local physician clearly certifying the medical condition and his inability to travel to India for this purpose. 

Your husband can get it adjudicated in Bangalore on arrival before the concerned sub registrar within the bank's jurisdiction. 

For your information that even with a valid POA many Canara Bank branches insist on the locker holder’s physical presence.  RBI allows banks to refuse POA locker operation if their agreement disallows it. The bank may not be able to entertain the same without approval by zonal office. 

Hence you may in addition attach the written request by father-in-law explaining his medical condition along with the medical certificate to convince the bank authorities in this regard. 

Your mother in law's death certificate is also an important document to be attached along with the request letter and the power of attorney deed. 

The documents to be attached atre

• Death certificate (MIL)

• Passport + OCI of husband

• Passport of father-in-law

• Consulate-attested POA

• Locker agreement copy (if available)

• Medical certificate of father-in-law

• Your FIL's request letter 

Yes, your husband can legally operate the bank locker in India through a Power of Attorney (POA) executed by your father-in-law in Australia, but only if it is done in the correct format and properly attested. Indian banks are very strict about locker operations, especially after the death of a joint holder.

I will explain this clearly and step-by-step, including documents required and practical precautions.

First, understand the legal position of the locker

Since the locker was jointly held by your in-laws and your mother-in-law has passed away, the locker does not automatically become accessible to your husband merely because he is the sole heir. The surviving locker holder (your father-in-law) remains the only person legally entitled to operate the locker, unless he authorises someone else.

Because your father-in-law is alive but medically unfit to travel, POA is the correct and recognised route.

Can a POA executed in Australia be used in India?

Yes. A POA executed abroad is valid in India if it is properly attested. For Australia, the safest and most widely accepted method is:

• Execution before the Indian Consulate / High Commission in Australia

This is strongly recommended over local notary attestation, because Indian banks trust consular attestation far more and it avoids rejection.

Notarisation by an Australian notary alone may technically be valid, but many Indian banks (including Canara Bank) insist on Indian Consulate attestation.

What the POA must specifically contain

The POA must be very specific. General POAs are often rejected by banks.

It should clearly authorise your husband to:

• Represent the father-in-law before Canara Bank

• Operate the specific locker (mention locker number, branch name, and address)

• Open the locker jointly with the bank official

• Prepare inventory of contents

• Remove contents and close the locker if required

• Sign all forms, acknowledgements, and indemnities required by the bank

It must not merely say “to manage bank matters”.

Documents you will need (practically required by Canara Bank)

From Australia:

1. Power of Attorney executed by father-in-law
2. Attestation by Indian Consulate in Australia
3. Passport copy of father-in-law (self-attested)
4. Passport copy of your husband (attorney holder)
5. Death certificate of your mother-in-law (original + copies)
6. Marriage certificate of your in-laws (if available – helpful but not always mandatory)
7. Medical certificate of father-in-law (optional but useful if bank queries non-appearance)

After POA reaches India:

8. Stamping of POA in Karnataka

– Foreign POA must be adjudicated/stamped within 3 months of arrival in India

– This is done at the District Registrar / Sub-Registrar

– Without stamping, the bank may refuse acceptance

At the bank:

9. Locker agreement copy

10. KYC of father-in-law and your husband

11. Bank’s locker operation forms

12. Inventory format (bank will provide)

Important practical points you should be aware of

• Banks usually insist that locker contents are inventoried in the presence of:

– Bank official

– Attorney holder

– Sometimes an independent witness

• The bank cannot give access solely on heirship; POA or court order is mandatory

• Your husband cannot open the locker alone without bank staff present

• If the locker nomination exists, it helps but does not eliminate POA requirement

• If the bank creates unnecessary hurdles, a written representation citing RBI Locker Guidelines (2021) usually resolves it

Alternative if bank refuses POA (rare but possible)

If the bank refuses despite a proper consular-attested POA, the fallback is:

• Filing a simple permission application before the civil court in Bangalore

• This usually takes 4–8 weeks and does not require full succession proceedings

But in most cases, a properly drafted and consular-attested POA works smoothly.

What I strongly recommend

1. Get the POA drafted by an Indian lawyer (to match Indian banking language)
2. Execute it before the Indian Consulate in Australia
3. Stamp it in Karnataka immediately upon arrival
4. Write to the Canara Bank branch in advance, enclosing scanned copies, asking for their locker-operation checklist

ideally should work but it would be better if you inquire with the bank as regards whether or not such power of attorney which is duly notarised in Australia would be acceptable to the bank for the purpose of permitting your husband to operate the bank locker as a constituted attorney/power of attorney holder of his father

to comfort the bank officer it is advisable to additionally have the notarised poa duly attested by the Indian consulate/embassy in Australia

some banks also ask for a certificate of apostille which authenticates the notarial act performed by the Australian notary 

further it needs to be checked whether there is any reciprocal agreement between India and Australia for accepting the notarised documents of each other. That is, India accepts the documents notarised in Australia and latter accepting documents notarised in India 

Dear client,

Yes, your husband upon getting the requisite POA can operate the locker for his father. It is important to note that the same should be executed and authenticated in accordance with law only upon which the bank would accept the same. 

Your father-in-law who is the surviving joint locker holder can authorise and execute a Special POA in favour of his son and that should be notarized in Australia and attested for its validity.  

However, it is important to note that POA is essential for operating the bank locker however this alone is not sufficient. It should also have other documents like the death certificate of your mother-in-law, any identity proof that the POA Holder is your husband, the medical reason for executing the POA and proof of the same. 

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Yes, this can be done, but the bank will insist on proper documents.

Your father in law can give a power of attorney to your husband allowing him to operate the locker. This power of attorney should be signed in Australia, notarised there, apostilled, and then stamped in India after your husband arrives. It should clearly mention locker operation.

Your husband will need to carry your mother in law’s death certificate, proof that the locker was jointly held, passport and visa or OCI copies of both father and son, and KYC documents. The bank may also ask for a legal heir declaration or indemnity form.

It is best to contact the Canara Bank branch before travel, as banks often have their own procedure and document format.

- Since , the said locker is in joint names of your in-laws , then after the demise of one of the holder , the other is entitled to operate the same. 

- Further, as he unable to come to India to operate the said locker then your father-in-law can execute a POA in favor of your husband 

- The said POA should be notarized as per rule of that country , and further attested from the consulate of India. 

- This POA should mention about the death of your mother-in-law and reason to come to India.