Paying the attorney holder
Sanjeev
(Querist) 17 May 2017
This query is : Resolved
Sir, working in post office, holder of power of attorney approaches for payment, power of attorney is valid if the principal is alive.
How can i assure the principal is alive. Who is abroad , please suggest
Guest
(Expert) 17 May 2017
You could Request the Principal to Send A Letter to concerned Post Office Confirming the Payment to POA.
Kumar Doab
(Expert) 17 May 2017
Regret mere a letter from Principle may not necessarily satisfy rules of your establishment.
Kumar Doab
(Expert) 17 May 2017
Refer the matter to your authority seeking directions and guidelines.
If you are aware of rules, seek approval as per rules.
Some of the rules are being posted.
Confirm from your authority and avoid acting on your own.
Ensure that you act in accordance with rules applicable to your designation.
You have also not made clear why the POA is issued!
Kumar Doab
(Expert) 17 May 2017
POST OFFICE SAVINGS BANK MANUAL VOLUME II SAVING CERTIFICATE PROCEDURE
(13) Settlement of deceased depositor’ claims on Savings Bank/Savings Certificates where either the claimant or some near relations is/are living abroad :--
(i) Claim from a claimant residing in a foreign country, letter of consent from a person residing in a foreign country, power of attorney executed in a foreign country and death certificate issued in a foreign country should have the authentication by the Indian Consular Office in that country, if reciprocal arrangements under Section 14 of the Notaries Act, 1952 do not exist between India and that country. Authentication means that the authenticating official has assured himself of the person who has signed the instrument, as well as the fact of execution. In case India has no consular relations with the country and no other foreign nation has been entrusted with the task of looking after the interests of India or of the people of Indian origin there, the authentication should be done by a Magistrate of that country. (ii) Reciprocal arrangement under Section 14 of the Notaries Act, 1952 exists between India and the countries of United Kingdom, Hungary, Ireland, Belgium and New Zealand only. The documents executed before a Notary in any of these countries does not require authentication by the Indian Consular Office in that country. (iii) Payment of the claim to a claimant residing in a foreign country will be made to the holder of power of attorney. No direct remittance will be made to the claimant in the foreign country.
https://www.indiapost.gov.in/VAS/DOP_RTI/POSB_Manual_Vol-II.pdf
Kumar Doab
(Expert) 17 May 2017
POST OFFICE SAVINGS BANK MANUAL VOLUME II SAVING CERTIFICATE PROCEDURE
23: ENCASHMENT OF CERTIFICATE
(4) Payment to persons holding power-of-attorney :-
https://www.indiapost.gov.in/VAS/DOP_RTI/POSB_Manual_Vol-II.pdf
Kumar Doab
(Expert) 17 May 2017
Check with your authority and act in accordance with extent rules applicable in case before you.
Rajendra K Goyal
(Expert) 17 May 2017
Take an undertaking from the POA holder that the principal is alive and the POA has not been withdrawn. In case of need obtain an indemnity to the effect.
If the principal is local, your postman of the area may be helpful.
Guest
(Expert) 18 May 2017
Agree with Experts
Kumar Doab
(Expert) 05 June 2017
Same Query;
http://www.lawyersclubindia.com/experts/Life-certificate-of-principal-of-power-of-attorney-643441.asp
Kumar Doab
(Expert) 05 June 2017
Good to see expression of agreement with Experts.
Kumar Doab
(Expert) 05 June 2017
Postman of the area can not comment on principle that is abroad.
Kumar Doab
(Expert) 05 June 2017
If the principle is local and in republic of India then he /she can appear in person also.
