A power of attorney executed outside India has to be executed before and authenticated either by the Notary Public or consularised / apostilled / attested by the Indian Embassy / Indian Consulate present in the country of execution as per the Hague Convention.
How can I give someone in India a Power of Attorney while overseas? Any NRI can execute the POA through the Indian embassy/consulate. The stamp duty is to be paid when the deed is presented in India.
Yes, such a Power of Attorney will be acceptable in India
The general process is a specific Power of Attorney that will first have to be executed and attested by the Indian consulate in the USA.
The Power of Attorney to be attested by the Consulate should be typed on a plain paper or on a Stamp Paper from India. The Consulate does not provide any Stamp Paper nor is it empowered to attest documents drawn on a Stamp Paper. All Powers of Attorneys should carry signatures and addresses of 2 (two) witnesses.
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NRIs register PoA for property purpose:
If the NRI is in India, register it on the stamp paper with the sub-registrar office. If abroad, it can be prepared on plain paper & the authority receiver must get it registered from Indian Consulate office. Take along original copies of address as well as identity proofs.
PoA/Affidavit (s) relating to civil matters are attested by the High Commission only if these are to be produced before authorities in INDIA. PoA/Affidavit (s) can be executed either on a plain paper or a stamp paper as per the applicant's requirement or as advised by the applicant's lawyer.
Validate the Power of Attorney so that it is legally acceptable in the U.S. or any other foreign country (for a document to be used in the U.S. this means acquire an apostille certificate); Provide a certified legal translation.
—The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.”
General Power of Attorney (GPA) remains valid till the life of principal or attorney, within they lifetime, one can revoke the GPA at anytime. GPA can be executed with duration validity, For example: for a period of 1 year, 5 year or till the specific transaction or legal task of which GPA was executed.
Apostalisation: The deed of POA executed outside India are proven through an apostallisation process which is governed by the Hague Convention, 1961. Also known as superlegalisation, apostille is a certificate which confirms and verifies the signature/seal of the person who authenticated the document.
If a Power of Attorney is in respect to an immovable property of value more than ₹100, it is compulsory to get that registered for it to be legally valid. A POA must be authenticated by a sub-registrar or it must be notarized by the notary especially in the case where the power to sell land is granted to the agent.
You will have to make a power of attorney in favor of a trusted individual who can do the sale on your behalf. To execute a valid POA, the document must be notarized by a local Notary Public, legalized by the relevant Indian Embassy/Consulate, and then registered in India with the local land registration authorities.
A foreign will, once proved and deposited in a court of competent jurisdiction, or a properly authenticated copy of the will and letters of administration will be recognised by the Indian Courts.
A document executed outside India is, at present, liable to stamp duty, even if it is already stamped with the duty chargeable under the law of the foreign country where it was executed, provided the document is received in India.
At Last, the power of attorney becomes invalid after the death of the person who is granting the power. Also, the power of attorney becomes insolvent if the agent dies, files bankruptcy, or becomes incapacitated. So the answer to the question is the power of attorney valid after death is no.
Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.
Registration Of Power-Of-Attorney
In India, where the Registration Act, 1908, is in force, the Power of Attorney should be authenticated by a Sub Registrar only, (Whenever a person signs the document and his attorney presents/ admits execution).
The Constituted Attorney can not delegate his authority without the express consent of the Principal. an agent cannot delegate his own responsibilities or obligations as an agent to a sub-agent without the permission or knowledge of the principal of whom he/she is the agent. a donee can be doner.
Power of attorney typically ends upon the principal's death — or at a predetermined time in the case of a limited POA. If you wish to end it sooner, you have the option of revoking your POA whenever you'd like as long as you are mentally able.
A Power of Attorney (POA) is a document that allows one person to appoint another person to act on their behalf concerning finance, real estate, business, and more. Within a Power of Attorney, if you are the one granting authority to a representative, you are called the principal.
The United States and International Law
The United States typically respects the laws of other nations, unless there is some statute or treaty to the contrary. International law is typically a part of U.S. law only for the application of its principles on questions of international rights and duties.
Differences Between Notarization and Attestation
First, a notarization can only be performed by a public notary while an attestation may be done by anyone who can serve as a witness. Also, when a notarial act is in process, the Notary Public will need to put his or her stamp or seal on the document.
Generally, a person with a good knowledge of the arrestee's character should be able to write an attestation/a guarantor letter. However, a few people are officially recognized and such people may be asked, specifically, to be the writers. For example: A clergyman (Imam or Pastor)
Provide the facts or information to which you attest.
The bulk of the body of your letter is made up of whatever information you want to certify through the letter. Depending on your reasons for writing, this may be a sentence, or it may stretch to several pages.
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