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Power of Attorney from abroad

(Querist) 28 December 2010 This query is : Resolved 
I live in Delhi and have received a GPA from my mother from abroad. Do I need to take any further steps in India. I have been told by someone that I need to pay stamp duty on this document about which I don't have any idea what it is and how to do it, where to go and who does this?

Can someone please advise me what is the process of Power of Attorney from abroad.
Gulshan Tanwar (Expert) 28 December 2010
Just visit the concerned Sub Registrar Office where the land in question is. The officials will tell the remaining procedure, no need to worry about the same.

Simple procedure to be followed.
Ajay Bansal (Expert) 28 December 2010
AGREED WITH GULSHAN
G. ARAVINTHAN (Expert) 28 December 2010
you need to approach SRO and get it paid stamp duty in order to give effect
Bhawani Mahapatra (Expert) 28 December 2010
In the light of limited information obtained, it can be said that if the GPA is a registered one, which is meant for transfer of immovable property, it must be signed by the Indian High Commissioner/Counsel of the country where it was registered, and after paying the stapm duty at the local SRO, it can be treated as registered in the said SRO.

In all other cases, no need to pay extra stamp duty.
H.M.Patnaik (Expert) 29 December 2010
I agree with views expressed by Bhawaniji and wish to add that there is a procedure of Franking of documents at local treasury towards stamp duty after ascertaining the amount from the local S.R.O.
valentine thakkar (Expert) 29 December 2010
Get the challan from the local Sub Registrar and pay by franking.
M V Gupta (Expert) 29 December 2010
I do not agree with the views of Shri. Bhawani and Mr. Patnaik. Under the provisions of the Indian Stamp
Act (SEC.18)and similar provisions in the state stamp laws of the various states, any document executed outside India should be got stamped with the duty applicable in India within a period of three months from the date of first receipt of the document in India. Hence pl get the document stamped in theDelhi SR office without delay. Otherewise the document would not be valid in India.
M V Gupta (Expert) 03 January 2011
In continuation of my reply dt.29-12-2010, I would like add that any POA executed outside India should be signed in the presence of the Charge de Affaires of India and attested by him. This is mandatory. Pl check if the GPA received by you from your mother from abraod has been attested by the Charge D Affaires of India.
Deepak (Querist) 04 January 2011
Dear Mr. M. V. Gupta:
We do not have an Indian High Commission or Embassy in the place where my mother lives. However, there is a Consulate of India and they do not witness any documents. All they do is put a stamp on the documents which says that the document had been seen by the Consulate, basically meaning that it is authentic. What I have been told is to get it prepared and witnessed by a Notary Public in that city. Please advise me what to do, Thanks!



Y V Vishweshwar Rao (Expert) 05 January 2011
Dear Deepak !

On Receipt of the executed document from out side India & before it is used ,You have to file the Original P O A /GPA before the District Registrar and request him to take all the required steps under Stamp Act & Registration Act - and to endorse the payment of Stamp Duty on the original GPA/POA by Dist Registrar and to make an entry in their records - he is competent Authority for all purposes connected with Documents executed out side India .
M V Gupta (Expert) 08 January 2011
Dear Mr. Deepak,
The stamping done by the Charge d Affaires of India on the POA is sufficient. There is no need for further notarisation.
Advocate. Arunagiri (Expert) 08 January 2011
I differ, seal of the consulate is not enough, the POA has to be notarized, and then to be presented before the SRO for giving effect.

M V Gupta (Expert) 09 January 2011
I have cross checked with the web site of banks and financial institutions. POA when executed outside India is required to be attested by an authorised offical at the Indian Embassy/indian Consulate/Trade Commissioner of India and when brought into India they are required to adjudicarted by Registrar and stamped with the duty applicable in India. Ofcourse few websites of certain banks suggested even notraised POA abraod are aceeeptable to them.


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