Parin Gangar (NIL) 17 December 2015

Poa adjudication

Hello,

I am an Indian Citizen currently residing in San Francisco, USA. I have been here for more than 1 year and have no plans to return to India immediately. I have bought a property in Ahmedabad, Gujarat before moving to US and now it is time for possession. Since I am in US, and my parents are very old and cannot travel, I did following -

1) Create a POA in US, got it apostilled with the Secretary of State department and then got it notarised by Indian Embassy in US.

2) I have made this POA in the name of my brother-in-law who is not my blood relative. He lives in Mumbai (city and not suburb).

3) My permanent residence is in Thane, Maharashtra

The builder from whom I am buying the property in Gujarat earlier mentioned that my brother-in-law simply needs to sign on the POA and bring for property registration.

However, now he is saying the POA needs to be adjudicated. What does this mean?

What are the further steps needed?

Any help will be highly appreciated.

Regards,

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3 Replies

Adv. Yogen Kakade (+ 91 9225510883) 17 December 2015

Hi,

Wanted to clearify few things such as what was the purpose mentioned in the POA?

While executing it doesn't make any difference whether the person whom you are appointing as attorney is in your blood relation or not.

As you have got the POA notarised at the Indian Embassy in US then it can be submitted at the office of sub-registrar to sign and execute the document on behalf of you.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in

Anand Bali Adv. (Advocate Solicitor & Consultant) 17 December 2015

Section 31, of Bombay Stamp Act, 1958 deals with the adjudication of the instruments. Adjudication means determining the chargeability of stamps duty on instruments. The authority to be approached is the Collector of Stamps appointed in each District. Application for adjudication should be accompanied by  true copy or an abstract of the instrument and also with such affidavit or other evidence as may be necessary to prove that all facts affecting the chargeability of the instrument have been truly setforth in the instrument along with the proof of payment of Rs. ________ as adjudication fee. Adjudication can be done both for signed as well as unsigned documents.

It can be done for all kinds of POA, here the POA is in the name of your Brother-In-Law it does not matter whether he is in your blood relation or not simply he has to be an adult, an Indian citizen and of sound mind that's all. Since your POA is already adjudicated by the Indian embassy US and noterised there there is no furter need to be endoced here in India. Sub-Rejistrar has to accept it as it is and has to do the need ful for the purpose for which this POA has been issued.

T. Kalaiselvan, Advocate (Advocate) 26 December 2015

As suggested by experts above, the POA deed executed and attested in a foreign country may be registered by the jurisdictional sub-registrar to enforce the same.