Legal Question in Civil Litigation in India

Power of Attorney

Who has to veriy my signature in Australia when I draw up a power of attorney in favour of my brother, who is india for use in Indian courts. I have been advised that any practicing legal professional can admit the execution of the power of attorney. Is it correct? Can you please advise.


Asked on 12/19/01, 9:00 pm

3 Answers from Attorneys

Vishwa Arya Arya & Co.

Re: Power of Attorney

The power of attorney will have to be notarised by the Notary Public. After your brother receives the Power of Attorney at New Delhi then within 10 days of the receipt he will have to get the same stamped from Office of Collector of Stamps on payment of Rs. 5/-. The powers of Collector of Stamp are these days delegated to SDM for the above purpose and therefore your brother can get the same stamped from the office of SDM of his area, where he resides.

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Answered on 12/22/01, 3:28 am
Arash Amai Cowell Clarke Commercial Lawyers

Re: Power of Attorney

A power of attorney for Australian purposes can be witnessed by a solicitor or a justice of the peace.

However, from your question, it may be that it is the Indian jurisdiction that you should be more concerned about.

I would recommend that the power of attorney be witnessed by a solicitor who is also a notary public.

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Answered on 12/19/01, 10:28 pm
Prabhat Shroff Shroff & Company

Re: Power of Attorney

Yes, a practicing legal professional can attest the power of attorney. However, since the same is required to be used in the Indian courts, it is advisable to have it attested by the Indian Counsel, failing which, a Notary Public.

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Answered on 12/20/01, 12:47 am


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