Mere notarised POA is not sufficient for you to execute gift deed
2) POA has to be attested before Indian consulate and then only can you execute gift deed in India
Procedure to notarize spoa in usa
Hello, My brother who is residing in USA (American Citizen) is giving me(sister-Residing Hyderabad) SPOA to gift his property (located in Hyderabad) to our Mother. I'm getting two difference answers regarding Notarizing of SPOA. Procedure 1. He only has to Notarize SPOA in USA. Procedure 2. He need to Notarize SPOA, then get it apostille and later get it attested at the Indian Consulate in USA. Could you please clarify, with regards to Telangana Property Rules, should he follow Procedure 1 or Procedure 2? Thanks in anticipation.
Asked 2 years ago in Property Law
Religion: Muslim
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8 Answers
You can notarsie it with the authorised notarized ior also endorse the same in the consulate
No need to any sort of apostille or attestation by Embassy. Simply draft the GPA on white paper and get it authenticated by notary public of the State in which the principal resided in the prescribed form and per the notary Rules of State. That is more than sufficient.
- Since, your brother is residing in US , then legally he can give you SPOA for appearing before the registrar , and executing gift deed in the name of mother on his behalf.
- The said SPOA should be notarised as per rule of US , and attested from the consulate of India.
The power of attorney can be executed and notarised by a local notary public of that country with his seal and signature, and send the same to the power agent back in India in a sealed cover. Then the power agent can carry the same to the concerned sub registrar within whose jurisdiction he or she is residing, follow the procedures for getting the POA deed adjudicated by complying with further formalities
Once it is adjudicated the power agent can carry out the assignments made in the power deed.
Get if notorise at Consulate than In India at sub registrar office.
He can either get the SPOA notarized in USA or get the SPOA attested by the Indian Consulate Officer.
Both procedures are O.K. You have to select one of the two procedures.
The mere possession of a notarized Power of Attorney (POA) does not meet the necessary requirements for the execution of a gift deed. In the context of executing a gift deed in India, it is imperative that the POA is not only notarized but also attested before the Indian consulate. This attestation process adds a crucial layer of authentication to the POA, ensuring its legitimacy and compliance with legal standards. Only after obtaining this attestation from the Indian consulate can one proceed with the formal execution of a gift deed in India. This meticulous procedure underscores the significance of adhering to the proper legal protocols to ensure the validity and legality of the gift deed transaction.
