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Attestation of the power of attorney

(Querist) 07 November 2017 This query is : Resolved 
I want to provide 'Power of Attorney (POA)' to my dad for signing some documents in India on my behalf, since I am residing in Germany and will not be present in India on that specific date. The POA document will be sent to me here in Germany and after signing the POA, do I need to get it attested and get my signature verified from any government body here in Germany, like the Indian Embassy, German notary etc.? Is it mandatory to do so in order to legalise the POA? Any help on this will be greatly appreciated. Thanks!
Ms.Usha Kapoor (Expert) 07 November 2017
How to get POA attested at Indian consulate/embassy
The procedure is fairly simple and somewhat standard at most Indian consulates worldwide. Generally the steps involved are:•Power of Attorney document prepared abroad for the purpose of sending POA to India does not require a Indian Stamp paper. A plain piece of paper can be used to write down the POA terms and conditions. The terms and conditions should list out all powers you want to share with the POA holder. List whatever you want the POA holder to do on your behalf. Two copies will be required. Do NOT sign the POA document as this must be done in front of a Consular officer at time of attestation.•Two witness signatures are required on the POA document. oYou have a choice of either taking the two witnesses with you to the consulate oroGetting them to sign the POA and get their signatures notarized. In the event you are unable to take the witnesses to the Indian consulateoIf witnesses are going to the consulate, they should NOT sign the POA as the signing will be done at the consulate.PLease click the followinglink for further infiormationon this issue.
Documents required for Indian Consulate Attestation of
Here are some of the documents that may be required. Original documents should be taken along with copies. Call consulate to confirm what documents they require to avoid surprises as rules may change at any time:•POA prepared document along with copies•Original Passport + Copies of all non-blank pages including first and last page.•Copy of Address proof in the country of your residence. For example: A bank statement, driving license, utility bill etc. •Proof of legal status in country of residence, such as visa etc.•Two passport size photographs•Applicable fee at time of attestation.•Witnesses if going to consulate should also take their proof of identity documents. They will be required when they sign POA at consulate to confirm their identity.Please click the followinglink for further information onthis issue.
Kiran Kumar (Expert) 07 November 2017
yes it is required to be attested as per rules. even if it is attested from abroad, certain states demand the POA to be further embossed by State Govt. authorities in India. Kindly seek help of your local lawyer in order to know the procedure adopted in the concerned state.
Vijay Raj Mahajan (Expert) 07 November 2017
If you are Indian citizen get the POA attested by the Indian Embassy, if you are not Indian citizen get POA attested by Notrary and legalized with proper Apostile stamping through the concerned Ministry of the country.
Your father will require to get the said POA further attested in India from concerned SDM of the district office where he lives.
After all these processes that POA can be used.
Rajendra K Goyal (Expert) 07 November 2017
Agree with the expert Vijay Raj Mahajan.
Adv. Yogen Kakade (Expert) 07 November 2017
Rightly guided by Ushaji.. i agree..
Pratmit85 (Querist) 08 November 2017
Many thanks all of you.. for your helpful comments!
Dr J C Vashista (Expert) 08 November 2017
Yes, the POA is required to be prepared and attested by Indian Consulate or a Notary Public in Germany.
Ms.Usha Kapoor (Expert) 29 June 2018

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