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Lakshmi Reddy (Software Engineer)     09 December 2009

Power of Attorney

 

We had a property dispute with our paternal uncle and all our family members are intending to file a suite for that. My younger brother lives in U.S.A and so I would like to get power of attorney from him to file the suite and for further court proceedings. Please let me know where can I get sample power of attorney documents for my case. If I get the sample document then I will ask my brother to prepare a document based on that and get notary on that document.
Any help will would be appreciated.


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 8 Replies

N.K.Assumi (Advocate)     09 December 2009

Better consult a lawyer in your area, as there is a difference between power of attorney, and Vkalatnama filed in the court by advocate.

Lakshmi Reddy (Software Engineer)     09 December 2009

Thanks for your reply.

My lawyer asked me to get the power of attorney from my brother but he didn't given the instructions to create the document. He suggested to consult the lawyer in USA and you know lawyers in USA are very expensive. So if I get sample document then I will create the document and do notary on it.

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     09 December 2009

Generally courts need only an indigenous power of attorney, so please ask your lawyer himself to prepare it, send it across, get it signed and duly attested and use it here.

Lakshmi Reddy (Software Engineer)     09 December 2009

Hi, Thanks for your reply.

I really dont understand why my lawyer forcing me to create power of attorney by my self. Any how i will ask him agian.  You have mentioned duly attested in your reply. Is that same as public notary?

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     10 December 2009

 PLS FIND THE ATTACHED GP, YOU SHOULD GET IT TYPED ON RS.100/-  NJS AND SEND U.S , GET HIS SIGNATURE ATTESTED BY  INDIAN EMBOSSY/ OR NOTORY  PUBLIC SAYING SIGNED BEFOR ME ON THIS DATE......


Attached File : 20 20 power of atterny for courts.doc downloaded: 162 times

Lakshmi Reddy (Software Engineer)     10 December 2009

Hi, Is it compulsory to type on Rs 100 NJS and send it to U.S. I have read in this forum only like white paper is enough. Please reply me as soon as possible.

Daksh (Student)     10 December 2009

Dear Lakshmi Reddy,

What I would like to suggest to you is that you procure a format of Power of Attorney and get it across to your brother on the Non Judicial Rs.100/- Stamp paper of the local jurisdiction of your residence or the local court.  Secondly your brother can get the same printed in U.S.A and then get the same attested by any of the official of Indian External Affair (Our Consulate Office nearby) ask him to send this across to you and by getting it notarized locally if will have full bindin legal sanctity and evidentiary value.  I hope this satisfies your query.

Thanks and best regards

Daksh

Daksh (Student)     10 December 2009

Dear Ms.Lakshmi Reddy,

I forget to answer your query regarding the other aspect - POA on blank paper. Yes it can serve the purpose provided the same needs to be registered if so required.  Law is very clear that the deficiency of court fee on a document can be cured at any time before filing the same and even if the deficiency if pointed out subsequently. 

Thanks and best regards

Daksh


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