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Originally posted by : Dipak
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XXX
Que-1: POA deed executed and notarized by foreign notary and then, it has registered in India. Is the Power of Attorney valid in the eye of law?
Take: Yes.
Que-2: POA deed has executed and notarized by foreign notary but, it has not attested/authenticated by authorities of foreign country and not legalised by Indian embassy/consulate to the foreign country, then it is valid or not? Kindly know me if any Judgment or Law exist.
Take: No.
Que-3: Is it mandatory the POA deed attested/authenticated by Indian Embassy/Consulate to the foreign country u/s.3 of the Consular and Officers (Oaths and Fees) Act? Kindly know me if any Judgment exist.
Take: Yes.
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Reasoning:
Your query is simple, I donot understand why make it so complicated and ask for Citation(s) with each question?
The way ahead in ref. to your brief;
1. The Deed is made sustainable to legal challenge by Notarising it from the Authorized Officer in the Indian Consulate / High Commission / Embassy where the person is residing as he is a valid Notary under Indian law as per S. 3 of The Diplomatic and Consular Officers (Oaths and Fees) Act, 1948.
2. Once the Deed is executed from the Indian High Commission / Consulate / Embassy it is sent to India for Registration along with all the signatures and the payment of Stamp Fees according to S. 2 (17) R/w Schedule I of Indian Stamp Act, 1899.
3. Once Registration is done under the adjudication of the sub-registrar the legality of document can be proved in the Indian Court of law beyond all reasonable doubts.
3.1. Registration is must for this Deed of Power of Attorney, as under S. 17 of the Indian Registration Act, 1908 it is required that all non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish whether in present or in future any right, title or interest, whether vested or contingent of the value of one hundred rupees, and upwards to or in immoveable property must be Registered for ensuring its legal validity.
4. Ministry of External Affairs, Government of India has issued a Notification no. : L161 / 1 / 2003 in March 31st 2006 accepting the Hague Convention, 1961 (Article 1 of the Treaty) and entering into force for India on 14th. July 2006.
5. According to the S. 14 of the Notaries Act of 1952 if the Central Government is satisfied that by law or practice of any Country or place outside India the Notaries act done by Notaries within India are recognised for all or any limited purposes in that Country or place, the Central Government may by Notification in the Official Gazette declare the Notarial Acts lawfully done by Notaries within such Country or place and thus shall be recognised within India for all purposes or as the case may be for such limited purposes as may be notified in the Notification. Thus it is perfectly valid.
