Doubt about consent and signature of executant on power of attorney
Dipak
(Querist) 17 July 2014
This query is : Resolved
A divorce petition u/s.13(1)(ia) of HMA has filed by power of attorney holder of nri wife in family court of India. The power of attorney deed shows that it has executed in India by nri wife and notarized by Indian notary and with stamp of Rs.100. There are photographs & signatures of wife and holder of power of attorney on deed of power of attorney. There are no thumb impressions of party and holder of power of attorney on deed of power of attorney. There are no witnesses on the deed of power of attorney. Respondent husband has doubt about the consent and signature of wife on power of attorney. Because there is no thumb impression of wife on notarized document and wife’s elder sister looks like similar to wife.
Que: Can husband arise the doubt in court about validity of power of attorney deed as there are not thumb impressions and witnesses of wife and holder power of attorney though power of attorney notarized by Notary?
M/s. Y-not legal services
(Expert) 23 July 2014
However the wife has to appear before the court of law for her evidence.
At the time the husband / his counsel can clear this through the wife directly.
