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sapthagiri   04 January 2018

Can maternal grandfather file cases in indian court in respe

Can maternal grandfather file cases in Indian court in respect of MINOR US CITIZEN through GPA(General Power of Attorney), mother is US Green Card holder(Permanent Resident) and child is by birth US Citizen, mother gave GPA to her father saying you can file cases for maintainence and other issuses against her India living husband, does it has to specifically mention in the GPA that as child is Minor US Citizen I am authorising on his behalf, what all other aspects needed interms of minor child in this GPA, does it need the US governments consent before filing any case or can maternal grandfather directly take the Minor US Citizen name and file a court case in India, for such what all the documents and verifications needed.

thank you



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 2 Replies

Vijay Raj Mahajan (Advocate)     04 January 2018

Yes GPA given by the mother of the minor child to her Indian father in India is valid. The GPA has to mention all details both of the mother and minor child on whose behalf the petition for maintenance will be filled. The GPA has to be notarized and apostilised in USA and further get registered and stamped at the district office in India where the father of the mother  of the minor resides.

The GPA should in clear term mention all the attorney in India is being authorized by the mother of minor to do in the court proceedings and the best course is to get the GPA drafted by Indian lawyer who can mention in details all the requirement . The purpose of filling the case in India is to get maintenance for the minor child from the Indian father and so no mistake in GPA otherwise the petition for maintenance will get dismissed on technical grounds in the Indian court.

I have been dealing such cases for my foreign clients for whom I draft GPAs and Vakaltnammas which I used in the Indian courts proceedings on their behalf.

Nitish Banka (lawyer)     04 January 2018

GPA needs to be notarized and have to be appostiled for filing cases in India.

Adv. Nitish Banka

9891549997


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