Vijay Kapoor (Retired) 09 August 2016

Registration of power of attorney

Sirs,

I had applied for Education Loan from PNB for my younger son's Higher studies abroad against mortgage of my house as co-lateral. I am joint owner with my elder son who is also abroad. He sent me a General Power of Attorney duly attessted by the Indian Consulate in USA. As per advise from Sub-Registrars office I got it Notarized. The Law manager of PNB does not agree and desires an Affidavit/ declaration to be Registered stating that I am the true beneficiary with my Photo Identity. i approached Three Sub- Registrars offices and also the JDR at Pune. All have refused to register stating that the document as it is is legal and does not require any such registration of an Affidavit/Declaration. Notarization is done in the presence of a Law officer certifying the true identity of the beneficiary.

PNB refuses to disburse the Loan unless this requirement is fulfilled.

Can anyone help me as to what is the legal requirement on this by quoting authority, so that I can present it to PNB accordingly.

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5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 09 August 2016

A General Power of Attorney executed out of India and got attested by Indian Consulate, it should be validated by the District Registrar/Collector under Indian Stamp Act within 3 months from the date of receipt in India. so approach the District Registrar/Collector under I.S.Act and get it validated. then the Bank authorities will accept the same.

Vijay Kapoor (Retired) 10 August 2016

Sir,

Thank you so much for your Valued advise.

However I assure you that the requisite stamp duty (Rs 500/-). has been paid and the stamp paper attached. On the advise of the Sub-Registrar, I got it Notarized. The Bank does not accept it and insists on Registration of the Affidavit/declaration.

Pleaase explain what is meant by "Validation", Is it the same as "Notarization" or "Registration". What is done in ' Validation" ( This is the third terminology i have now heard, in this matter)

Secondly, Is it a must that it should be done in the District Registrar's office ONLY??

I shall be grateful for your clarification and sir , can we quote an authority.

Thanking You,

Col Vijay Kapoor (Retd)

G P Vijay (Lawyer) 10 August 2016

Hi,As rightly guided by kavksatyanarayana sir,the power of attorney executed outside india should necessarily be adjudicated by the District Registrar. Here the Distirct registrar is a superior to sub-registrar. I have personally done such registration in Tamil Nadu. I do not know the terminology they use in Maharastra Utilize the service of a civil/documenting advocate. The adjudication is a process of numbering the Power of Attorney deed executed outside indian territory. Notorization is not the valid process.

Vijay Kapoor (Retired) 11 August 2016

Dear Adv. G.P.Vijay and Adv. Kavksatyanarayana

I thank you on the absolute clarity on the subject.

I shall do the needful now.

regards,

col Vijay Kapoor(Retd)

kavksatyanarayana (subregistrar/supdt.(retired)) 13 August 2016

A power of attorney executed out of India, it should be got validate Under Sec.18,19 and 19-A of Indian Stamp Act. As POA is executed and attested out of India, it should be recognized/legalised or make it valid is called validated/validation.