• Power of Attorney

I wish to grant GPA to my father to represent me for a mutual consent divorce case in India. I currently reside in USA. Is it necessary to get the GPA attested at the Indian Consulate by the consular officer, or is it sufficient to only have it notarised by a local notary here?
Also, if it is sufficient to only have it notarised, then are winesses required to sign the GPA in the presence of the notary? Or, is only the notary signature required without witnesses?
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

You will have to get the GPA attested by the Indian embassy or consulate in that country.

Any Notary in USA can also attest it for you. You don't need witnesses for attestation purposes

The Grantor i. e. you should sign the GPA on all

the pages and can send it over to your father.

Finally your father should get it registered from the local Sub-Registrar office or Sub-Divisional Magistrate office in India, by paying the appropriate registration charges applicable in that State, in presence of 2 witnesses.

Any any doubts, feel free to contact.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

It is necessary to have GPA attested by Indian consulate to enable your father to appear on your behalf in MCD

Mere notarised GOA is not sufficient

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Not necessary to get the POA attested at the Indian Consulate; but it is always better to do so.

The other option for you is to get the POA authenticated by a notary public in US.

In India, presence of witnesses before the public notary is often not compelled. You will have to find out the US practise by inquiring locally.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. India and US have a bilateral treaty where the courts of both countries accept the notary done by the notary public of each country

2. despite that many times it is insisted that instead of signing before notary public, the document be signed before the Indian consulate/embassy in the foreign country

3. so signing before the notary public would be fine. But the opponent may raise stupid objections against the GPA being signed before the notary there and not before the Indian consulate and say that such GPA is not valid

4. so in order to avoid any such objection it is advisable that you sign the GPA before the nearest Indian consulate/embassy

5. witnesses are not compulsory. If you have them, then good. Otherwise for GPA only grantor has to sign before the concerned officer

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

If it is for matrimonial proceedings power of attorney is not admissible in matrimonial proceedings so you need to be personally present to represent your case as your signature is needed. And there are plethora of rulings where court have held power of attorney cannot be allowed in matrimonial cases.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) You can create GPA attested at the Indian Consulate by the consular officer that will be great.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

It is better get it attested at the Indian Consulate. Secondly signatures of one or two witnesses is necessary on the GPA. THE RECENT OBSERVATIONS OF SUPREME COURT IS AS FOLLOWS:

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Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Notary by local notary in USA is more than sufficient for special power of attorney for court case. For property you need to get the same attested from Indian embassy.

You may get the SPA signed by some friends there at the place of witness. Witness cannot be removed.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Dear Client,

GPA executed outside India and attested by Foreign Notory or by Indian Embassy valid in India u/s 85 of evidence act. But it has to be produced to local sub registrar under whose jurisdiction Agent ( POA hodler ) stays within 4 months to be validated in India.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It is necessary to get it notarised and further attested by the Indian consulate.

Legally the witnesses are required be present before the notary and they will sign before the notary, further if notary considers request that it will do if it is signed by two witness he will notarise presence it not required then it can be done but as notary law are strict they make sure the presence of witness before them.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. It is necessary to get the GPA attested at the Indian Consulate by the Consular Officer.

2. After following the procedure stated above, the GPA has to be adjudicated in the jurisdictional District Registrar's Office to be legally valid.

3. Notarized GPA has no legal sanctity.

Shashidhar S. Sastry
Advocate, Bangalore
4166 Answers
258 Consultations

5.0 on 5.0

The GPA DEED can either be notarised by a local notary of your country or attested by an official of the Indian consulate.

Witness signatures are to be obtained in the GPA deed either before the notary or not.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

In order to enable your father to represent you in the family court in the mutual consent divorce petition, the GPA that you intend to execute in his favour must be duly attested by the Indian consulate or embassy for it to be used by your father in India. Notarized GPA will not be accepted.

Witnesses must sign the document.Before it is duly attested by the Indian Consulate.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

A petition need not be notarized but the affidavit accompanying it needs to be notarized and yes you can do it through the consulate in US. When you file MCD in India you Need to appear before court and thereafter court will pass an order of decree of divorce.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Even you get it notarised, you have to be present before the court at the time of filing the same, hence better you give a power of attorney deed notarised in US in favor of someone in India who will represent you by signing the petition as well as representing you in the court.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You can make power of attorney to sign the petition, the power of attorney can be notarised in US. Further the attorney holder can sign and can get petition notarised in India, ans same petition can be filed and for your consent permission for video conferencing can be taken.

You can give POA to any relative.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Family court insists that petition be attested by Indian consulate before it is filed in family court in India.

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Yes. You'll have the affidavits notarized from Indian Consulate in USA after payment of requisite fee.

But, you'll need to appear, either personally or by way of Power of Attorney given by you by someone in India in, when your matter comes up for hearing in court.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Yes the same can be notarized in US.

As advised file the same through POA but you will have to appear before the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

MC divorce can be filed through POA holders to act on behalf of parties in India.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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