Obtaining a power of attorney requires two processes for property and financial matters. You have to get the power of attorney notarized. You have to send the power of attorney duly notarized and apostilled to the Indian Consulate near you.
Should power of attorney be notarized in India?
Registration of power of attorney is optional In India, where the ‘Registration Act, 1908’, is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.
Is a power of attorney valid if not notarized?
In many states, notarization is required by law to make the durable power of attorney valid. But even where law doesn’t require it, custom usually does. A durable power of attorney that isn’t notarized may not be accepted by people with whom your attorney-in-fact tries to deal.
Should power of attorney be registered or notarized?
When it is to be registered it should be presented at the sub-registrar’s office with jurisdiction over the immovable property referred to in the document. Notarising a power of attorney is as good as registration . Section 85 of the Indian Evidence Act applies to the documents authenticated by a notary.
Is Witness required for power of attorney India?
Ruling in favour of the petitioner and ordering the sub-collector to accept the power of attorney, the court said in the judgment, “The Power of Attorney Act does not mandate that power of attorney should be attested by witnesses.
How long a power of attorney is valid in India?
These certificates are valid for 30 days. As per a recent order of the inspector general of registration, the new rules are applicable to all POAs registered from February 4. By law, POA is not valid once the principal dies.
Who can witness a power of attorney?
Attorneys cannot witness the donor’s signature (that of the person making the LPA). All witnesses must be over 18 years of age. The certificate provider can be a witness to the donor’s signature, and is often the best choice, since he or she must be present to certify the LPA anyway.
How do I get around a power of attorney?
If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal’s best interest, the court can revoke the power of attorney and appoint a guardian.
Can family members witness a power of attorney?
an impartial person must witness you and your attorneys signing your LPA. You can’t witness your attorneys’ signatures and they can’t witness yours.
Does UPS notarize power of attorney?
Many banks, AAA locations, attorneys, UPS stores and FedEx Office locations have notaries on site. Call the location beforehand to find out if the notary will notarize your documents and how much will be charged as a fee for the notary services.
Is power of attorney valid?
To summarise, the law holds that a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property but any genuine transaction carried out through General Power of Attorney is considered valid under the law.