Upgrad LLM

special power of attorney executed abroad


I am a retired Banker.

Is it necessary to affix the photos of Donor and Donee on the Special Power of attorney to be executed by my son and to be notarised in USA for property sale in India? Adjudication will be done in India. The PA will be only notarised there. He will not visit Indian Embassy which is far away. I understand that Notarisation is perfectly legal and acceptable under Indian Evidences Act.

will be happy to receive your valuable guidance.

 
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senior

After receiving the document from your son from USA you have to approach SRO office to get it validated by paying necessary fees. Based on it you can execute the document. Note the rule varies from state to state.I have given my opinion based on the rule of Telengana state.

 
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Sir, I need specifically clarification whether there is any need to affix the photos of either the Principal or the Agent on the power of attorney executed abroad.

 
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senior

I already mentioned that rules varies from state to state. Pl mention the state.

 
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Sir,
Thanks for your patience. It is Tamil Nadu.

 
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subregistrar/supdt.(retired)

The POA requires the photos of the Principal and the Agent.  The Principal shall affix his signature before the Notary and got it attested by him.  A Notary public or any Court, Judge/ Magistrate/Indian Counsel or Vice Counsel, or  Representative of Central Government.

 
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Dear Mr.Krishnan, Photos of both parties should be affixed in the power of attorney. Once the power of attorney has been executed before the Notary Public, it has to be legalised by the Indian Embassy and Ministry of Foreign Affairs of the country (USA). Then only it would be validated for the purpose in India. Hope this would be useful for your information.

 

Regards

MAJEED KM

Legal Consultant 

Abu Dhabi, UAE

majeedkm@hotmail.com

 
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Thanks a lot to Mr.Suri SravanKumar and Mr.Majeed. I really appreciate your immediate response.

 
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