Legal Question in Banking Law in India

Banking

Is a power of attorney executed on the stamp paper of a state in India and executed from outside India before a foreign notary valid in India. What are the formalities to be done regarding the said POA after it reaches India. Is it required that it shoud be stamped again.


Asked on 9/11/07, 10:02 am

1 Answer from Attorneys

Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Banking

Power of Attorney in order to be valid requires to be correctly drafted. The photograph and thumb identity are necessary of executants as the same is useful in case the execution is challenged in any court . Further a notarised power of attorney whether executed in india or out of india are valid . However in some of states like Maharashtra if the Attorney holder is going to execute documents pertaining to immovable properties same is required to be registered or authenticated by Sub Registrar Concenred . In case any power of attorney is executed out of that state the stamp duty difference is required to be paid by attorney holder and requires adjudication of proper stamp duty of that particular state . Further no law requires the payment of double stamp duty . Usally procedure in case you want to use the Power of Attorney executed out of the state where it is executed is unstamped and the Attorney holder submits the same to registereing authoirty and get stamped from such authority

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Answered on 9/13/07, 8:03 am


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