• Poa

for release deed nri poa is issued within brothers. both grantor & holder are nris residing in different countries. the grantor nri poa is attested by high commission of india but the holder have not signed the poa. now the holder will travel india to execute the release deed. do such poa need to adjudicate in mumbai or notarized will do ? can we pay 500 stamp & notarized the same poa or have to compusory register poa before ? the property is in mumbai.
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

If POA is attested before Indian consulate or high commission then not necessary to register POA for execution of release deed 

 

2) it can be stamped on Rs 500 stamp paper 

 

3) advisable to get POA adjudicated 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

Any documents notarised in abroad requires to be adjudicated/stamped in India as well if the document to be enforced is compulsorily registrable instrument in India.

If on the basis of POA any immovable property is to be sold then notarised POA is to be adjudicated in India at all costs.

Devajyoti Barman
Advocate, Kolkata
23669 Answers
538 Consultations

It has to be executed before authority in Bombay then registration shall take place. Registration is not required just authentication from the collector/SDM is required.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Two copies of the POA document will be required by the consular officer.

POA document must be signed before the embassy officer at the time of attestation.

All POA's issued in foreign countries, due to the NRI being resident outside India have to be adjudicated to make it a legally accepted document for any property transaction in India.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

If he is NRI and the same is executed outside India then you need to attest it at high commission or embassy. If it is executed in India then notarisation and registration 

Prashant Nayak
Advocate, Mumbai
34748 Answers
252 Consultations

1. The POA needs to be adjudicated in the jurisdictional District Registrar's Office in Mumbai, where the property is located.

2.  To be legally valid, the POA has to be adjudicated in the place where the property is located.

3.  Notarised POA is not recommended in the instant case.

 

Shashidhar S. Sastry
Advocate, Bangalore
5641 Answers
339 Consultations

Respected sir ...

The holder must have to sign the same in front of high commission ...nw here it will not work for you because for a valid POA both are requiere in front of attestation authority ...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

1.  POA  "MUST" be stamped for 500/- in India (after attestation) and no need to notarize or whatever in India, PROVIDED the same is duly attested by the Embassy /Consulate.  This is legally sufficient for all immovable properties in India.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Since POA is missing holder signature/acceptance, it`s incomplete. Get his signature on it and re registered in India at sub registrar office to avoid any manipulation in future.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. The POA executed before the Indian Consulate should bear the signature of the POA holder also.

 

2. Thereafter the said POA shall have to be sent to the POA holder by post/courier service at his address.

 

3. Thereafter tyhe said  POA shall have to be adjudicated by the local Collector in India by affixing his seal and before affixing his seal, the office of the Controller might ask the envelope through which the overseas POA has been sent to the holder to be presented before the Collector to draw his satisfaction about the genuineness of the matter.

 

4. Thereafter the said POA becomes a valid instrument to deal with the concerned property.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

You have to get the POA registered in Mumbai for execution of release deed and it is compulsory to register the POA.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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