Authentication of power of attorney

kavksatyanarayana (Querist) 07 December 2020 This query is : Resolved
Dear Experts, My friend's relative in abroad executed a sale deed. He signed on all the papers of the deed. So only to present the document before the Sub Registrar, Anakapalli, A.P., India for registration, he has given authenticated/attested Power of Attorney which is attested by the Indian Consulate abroad. But it has no witnesses. One lawyer friend said that it requires two witnesses' signatures for the presentation of the sale deed. I opine an attested POA does not require witnesses. However, I am of doubt whether it requires witnesses or not? Please clarify as the document has to be presented before the Sub Registrar concerned.

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This discussion clarifies the need for witnesses when a Power of Attorney (POA) is authenticated by the Indian Consulate abroad for presenting a sale deed in India. While the initial query questioned the necessity of witnesses for an authenticated POA, experts generally agree that witnesses are mandatory for the execution of the sale deed itself, even if the POA was attested by the consulate. The consensus is that the consulate's attestation authenticates the POA, but the underlying document's execution still requires witnesses as per Indian law. It's also noted that registration requirements and stamp duty may apply to the POA in India.

Isaac Gabriel (Expert) 07 December 2020
Attestation by the indian consulate is a duly authenticated authority and no further attestation is needed.

Guest (Expert) 07 December 2020
Two Witnesses need to sign the POA before the Consular and they should produce their Pass Port and Self Attested of the Pass Port Pages containing their personal particulars and they should not be amongst the beneficiaries. Obviously Your Learned Advocate/ Lawyer is Right.

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kavksatyanarayana (Querist) 07 December 2020
Sir Rajkumar alias narasimha sir, it is not a POA. It is only an authentication. He signed the sale deed and as he cannot present the document in India, the Consulate attested to the authentication of POA. sir even then requires witnesses?

Guest (Expert) 08 December 2020
Certainly. The Witnesses would be mandatory

kavksatyanarayana (Querist) 08 December 2020
Ok sir. Thank you sir.

Guest (Expert) 08 December 2020
Welcome Please .............................

Dr J C Vashista (Expert) 09 December 2020
I agree with the opinin and expert advise of Mr. NJS Rajkumar.
Although PoA has been authenticated by Indian Consulte of the country where executant is residing/working, execution of a document is incomplete without witnesses.

Dr J C Vashista (Expert) 09 December 2020
Dear Mr. Kavksatyananrayana ji,
You have stated that the Sale Deed is executed by the vendor abroad and signed all the documents of deed, which require to be registered with concerned Sub-Registrar in AP.
What is requirement for execution of PoA ?
Thanks and Regards

kavksatyanarayana (Querist) 09 December 2020
Sir, Vashista ji, the vendor is abroad and he executed the sale deed (sent to him from India) and the sale deed has to be presented before the Sub-Registrar concerned. So to present the document, the vendor, authorized his relative to present the document, and so he signed before the Indian Consulate. so I opine it does not require a witness's signature. you and other experts cleared my doubt. But I heard that for attestation/authentication of POA, in some countries witness signature is required, and in some countries not required. I think it depends on the rules of that country. Is it correct sir?

Rajendra K Goyal (Expert) 10 December 2020
POA attested by Indian consulate need be registered in India by paying appropriate Registration Charges and stamp fee.

P. Venu (Expert) 12 December 2020
In my understanding, the best suggestion as well assistance could be from the SRO. Ultimately, the registrations depends upon their understanding of the law and its procedure.

Anakapalli is not big place. As such, personal interaction with the authorities may not be that much difficult.

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