Legal Question in Real Estate Law in India

Re: International Power Of Attorney

There is no such thing as an International Power of Attorney.

For your purpose, a power of attorney prepared and stamped in India can be sent to you for your execution, which after signing may be notarised/affirmed before an official of the Indin Embassy/Consulate with his officeial seal.

Alternatively, you may do as Mr. Ramaswami Natarajan has suggested.

Prabhat Shroff

Re: International Power Of Attorney

You are in USA. You should not sign the power deed engrossed in Indian Stamp papers in US. It is not according to law. There is definite procedure for executing a power of attorney in a foreign country. The draft of the deed may come from India in a plain paper. You should type it in a plain paper and execute the same in US before any one of the following persons:

a. Notary Public

b. Any Court

c. Judge

d. Magistrate

e. Indian Consul

f. Vice-Consul

g. Representative of the Central Government

You and two witnesses should sign the deed before any one of the aforesaid authorities and that authority with his signature and seal should duly authenticate such execution. When it is received in India by your agent [the man to whom you gave the power] should produce the power deed so executed by you in US with an application to adjudicate the same under the Indian Stamp Act, before the appropriate authority who is empowered to adjudicate upon such foreign power. [It is mostly the Collector or the Thasildar]. The adjudicating authority would require the payment of requisite stamp duty. The requisite amount should be paid into the State Bank of India to the credit of the government. If the bank chelan for such payment is produced before the authority he would make the endorsement of adjudication on the reverse of the document and hand over the same to your agent. It is then valid in law and could be used for all purposes for which you have empowered him.

Re: International Power Of Attorney

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An International format in respect of powers of attorney being unknown in view of it being subject to the laws of the land in which it is to be executed with specific reference to the laws of the land in which it is to take effect, is subject only to these two aspects.

Your recorded requirement for such a document is in view of purchase of property by your father in India which he is desirous of registering in your name. You are a resident of the U.S.

Section 32 of the Registration Act, 1908 as applicable in India, indicates the persons(in this case your father) who shall be entitled to present documents for registration at the proper registration office as an agent of such person(you in this case), representative or assign duly authorised by a power of attorney executed and authenticated in the manner mentioned thereunder.

Section 33 defines a Power of Attorney recognisable for the purposes of Section 32(above) as (c)if the principal(you are the principal) at the time aforesaid does not reside in India(as in this case), power of attorney executed before and authenticated by a Notary Public, or any Court, judge, Magistrate, Indian Counsul or Vice Consul, or representative of the Central Government:......

Further under Section 18 of the Indian Stamp Act,1889 an instrument other than bills and notes executed out of India has to be stamped with the appropriate duty "within three months after it has been first received in India." Therefore, you could buy the Stamp paper in India but would have to ensure that it is properly executed and returned as any refund or adjustment of Stamp Duty is possible only within six months.

Regards,

Bimal.B.Bhaskar

Re: International Power Of Attorney

You must have actually given the power of attorney to your father by executing the power of Attorney before the Indian counsulate near you and had it stamped and they in turn would send it to your father directly. Within three months from the date of stamping in U.S, he has to register it here again with the appropriate office of the Registrar and then must have proceeded to purchase the property and got it registered for you. Please do so immediately. Thank you. If there is a delay you may have to purchase the stamp papers again.

Best,

N. Ramaswami

Re: International Power Of Attorney

Dear Mr. Ramaswami Natarajan, there is no such thing as International Power of Attorney. There must be some lacuna in your POA which you gave to your father otherwise its not clear as to why they are asking for another one from you. What all you have to do is that you prepare a POA in USA, get it notarised and then further endorsed by the Indian Embassy in US. That will server the purpose. You are welcome to ask any further question. Thanks.