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Notarisation of power of attorney

(Querist) 23 January 2017 This query is : Resolved 
1. For the donee of a Power of Attorney (PoA) to institute legal proceedings on behalf of the donor of the PoA, does the PoA have to be validly notarised? What are the consequences if the PoA is not validly notarised?

2. Is it compulsory for the donor of a Power of Attorney (PoA) to be personally present before the notary during notarisation of the PoA document? What are the consequences if the donor was not personally present before the notary?
Guest (Expert) 23 January 2017
Legally It is mandatory that Executor of POA to be Present and Confirm while getting the Notary attests.But if the Notary is Confident about the genuineness of the Documents which they are going to attest they may not insist for the Presence of the Executor and it will be Notary's Responsibility.
Guest (Expert) 23 January 2017
If you had not notarized the POA document submitted in Court then the 2 witnesses who had signed it could confirm in the Court its genuineness.
rajeev sharma (Expert) 23 January 2017
Notrization of POA enhance its credibility in the eyes of courts. It also creates a record of execution of document
Rajendra K Goyal (Expert) 30 January 2017
Please state clear material facts rather to post question paper.
Guest (Expert) 30 January 2017
A Child should Do home Work at home and to Learn answering the Question Papers
Vaibhav Agarwal (Querist) 30 January 2017
It's not from a question paper. Please don't make unnecessary assumptions.

Facts:
Person X, residing abroad, controls company C. X purports to execute a PoA in favour of person Y, residing in India, to represent company C.
The PoA is notarised in Mumbai. However, X did not appear before the notary. Some person Z appeared before the notary on behalf of X and the notary notarised the PoA on good faith.
Y files a winding-up petition on behalf of C against company D, on the basis of the notarised PoA authorising her to do so.
Can the petition be rejected on the ground that the PoA is not validly notarised?
Ms.Usha Kapoor (Expert) 29 June 2018
Agree with Narasimha and Raajev Sharma.


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