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abhishek (owner)     15 December 2014

Can foreign poa be challenged

Hello,

Hope you all are in good health

 

my query is very specific,

A company incorporated in canada files a suit in India through a power of attorney which is executed in Canada.

Now as per the hague convention abolishing the requirement of authentication of documents any power of attorney made in any signatory state for the use in other signatory state does not require to be validated however there should be appostiled but since Canada is not a signatory of the same hague convention any cnadain document made in canada has to be authenticated by consulate general of india in canada also there should be photo of donor on the POA along with the detailed signature and address of 2 witness then it should be sent to india where the recipient have to get it registered in the office of registrar of his area where he/she is residing.

 

If a case has been filled by the power of attorney holder but the POA does not have fulfilled any of the above explained requirements can it be challenged under any law of India other then order 7 rule of of CPC.

 

seeking your esteemed advice.

 

Thanking you in anticipation.



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