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aviramv@yahoo.com (aviramv@yahoo.com)     15 May 2014

Power of attorney from a foreign country

Dear friends,

I am based in Singapore and I want to empower my father (lives in Mumbai) with a General Power of Attorney (GPA) to act on my behalf for legal and property matters in my absence.

 

I am aware a GPA can be made through the Indian embassy in a foreign country. However, I have a slight confusion in this regard and will appreciate if some one can clarify:

 

  • Case 1: What someone told me is that I should have a GPA made on the appropriate stamp paper in India, signed by the agent (my father) and sent to me in Singapore. I can then sign in my section, go to the embassy here, have it notarized/attested, and send it back to India for my father to use.
     
  • Case 2: Some other person told me that I can draft a GPA (use the standard text that is used in Mumbai) on a blank paper, include all necessary details of the agent (my father), sign it (with two witnesses), have it attested from the embassy, and send it to my father for him to use. In this case my father hasn't signed the document at all, which seems a little odd to me. Of course, he cannot sign it after he receives it because it has already been notarized? However, this seems to be the case that is explained on the Indian embassy in Singapore's website.
     

Can someone please help me clarify how should I proceed with issuing a GPA to my father? The information on the internet is sketchy and often contradictory. Your responses will be appreciated by other NRIs as well.
 

Many thanks!
 

Aviram



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 7 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     15 May 2014

The case- 2 is some what right procedure. You can identify the power holder by giving special reference like his PAN or Voters ID numbers. However, it has to be got  adjudicated by presenting the same before the concerned District Registrar by paying required stamp duty and other prescribed fee.

Nitisha Jain (Associate Lawyer)     16 May 2014

Hi Aviram,

The POA may be attested fromt he embassy there and sent here where your father may sign it in front of the notary.

Ideally, the POA has to be registered which requires your presence too, since this is not possible in this case, hence notarisation.

Regards,

Nitisha Jain

SOMADUTTA PUROHIT (ADVOCATE)     16 May 2014

If your attorney wants to use the enduring power of attorney to deal with any real estate, the enduring power of attorney may need to be registered with the Land Titles Office in your State or Territory. There is normally a fee charged for registering an enduring power of attorney as such you should give your time for the execution of the same.

SOMADUTTA PUROHIT (ADVOCATE)     16 May 2014

 Nitisha Madam

 Can notarisation possible with out the presence of principal & whether the document can be used for the purpose he is asking for. 

Nitisha Jain (Associate Lawyer)     16 May 2014

The person is getting it notarised from Singapore and the father here with presence.

Further, registration IS the IDEAL way... but in case it is not possible...this is the only way out.. and it will help in general dealing though not selling the property.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     16 May 2014

Since you are in foreign country, you have to execute the power of attorney and sign only before the Indian Embassy/Consulate officer. 

 

The other end i.e. holder of power can present the same before the concerned Registrar in India to adjudicate the same.

 

The required stamp duty and fee will be collected by the Registrar from the power holder during adjudication.

SOMADUTTA PUROHIT (ADVOCATE)     16 May 2014

I agree with Ltd. Saleema Kabeer but prior direction should be obtained from executive magistrate for registration of the same.


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