Legal Question in Real Estate Law in India

Powe of Attoreny

I want to make a power of attorney(POA) to look after matters in India.please clarify following

1. do i have to make the POA on indian stamp paper and get it certified at Indian embessy here in USA.

2. Is the POA made here under the mayland law is valid in India.

3. Can I make POA on a plain paper and get it certified by Indian Embassy here.


Asked on 1/08/03, 2:49 pm

3 Answers from Attorneys

Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Powe of Attoreny

Answers to your questions are as follows:

If it is made on Indian Stamp paper and certified before the Indian Embassy in USA it is valid, but afterwards it has to be presented to the sub-registrar or to the District registrar with the postal cover to show that it has been sent from USA and the same will be received and registered but it is difficult procedure but it can be done and it is legally valid.

The Power of Attorney made in maryland is valid and this has to be notarized before a Notary and sent to your concerned persons who again has to register before the District Registrar or sub-registrar of the jurisdiction.

The Power of Attorney can be made on a Plain paper and certified by the Indian Embassy is also valid but as soon as it arrives it is liable to stamp duty for the value of the property if it is shown

please consult a local lawyer before taking the power of attorney.

Regards

B.Balasubramanya.

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Answered on 1/08/03, 10:29 pm
Umesh Bhagwat Bhagwat&Co.

Re: Powe of Attoreny

It is better to get the POA made on Indian stamp paper and certified by the Indian Embassy.Though the POA made under maryland laws is also vald but authorities here may raise an objection.I can send you a draft if you can lat me know the purpose for which the POA is required.

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Answered on 1/08/03, 11:12 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Powe of Attoreny

I am in agreement with the opinion expressed by Mr.Beeranna.

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Answered on 1/09/03, 2:16 am


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