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Sandeep (associate)     30 August 2012

Power of attorney

Hi I have recently moved from India to US and want to give a Power Of Attorney to my Brother in law in india. Below is my case and queries.
Case - Before coming to US I have executed a agreement for new flat and now there needs a correction in the agreement as per LIC (I am taking loan from LIC).
So correction deed needs to be executed back in India with my builder.
Though i have given power of attorney to my brother in law for LIC purpose (In LIC format). They want me to give power of attorney to my Borther in Law. So that he can sign on behalf of me on that correction deed.
So can anyone please let me know how to give the power of Attorney from US to a person in India. I fall under Indian Consulate General of Chicago.
Please let me know the detailed procedure.



Learning

 7 Replies

Majeed KM (Lawyer)     30 August 2012

Dear Mr.Sandeep,

You have to prepare necessary power of attorney for the particular action and sign before the Indian Conular General of Chicago, who will attest the same. Normally this document would be considered for legal purposes.

On the other hand you have to execute the power of attoreny before the Notary Public there and then it has to be legalised  by the Indian Consular General and send to India.

These are the available methods.


Hope the abvoe information would be useful for you.

Best regards

 

MAJEED KM

Legal Consultant

UAE.

majeed@lawyer.com

majeedkm@hotmail.com

dr g balakrishnan (advocate/counsel supreme court)     30 August 2012

dear mr. Sandeep,

power of attorney is for specific purpose. You need to make in Indian type of format and you can get yourself be identified before any of your local American attorney and get that notarized by your banker as in USA, bankers are Notaries once done then take it to indian conular office nerby to you and get countersigned if you are still an NRI. if not no need of consular countersigning. Then you can send to your power holder he will take to local indian advocate to identify your power  as attorney and once identified he will get the local Notary to sign then notarizing is complete. or let your attorney holder go to LIC if they have any format of LIC approved power of attorney proforma and the guidelines and on that basis you can make the power of attorney please.regards. Adv.Dr.G. Balakrishnan, rapidanalysts@gmail.com if any further clarifications you need, as i deal with US indians orindian American matters in India, as i am an advocate (OS) Bombay high curt /supreme court counsel/mediator/conciliator for insurance matters  

Naveen Kumar (service)     30 August 2012

Hi Sandeep, Just follow Mr.Majeed Advise, b'coz that is the correct and right procedure.  It's better you ask you Brother in law to courier the Power of attorney copy to you, sign the document then you submit the same to indian embassy at Chicago then forward the same to your brother in law and ask him to get it franked for Rs.200 before the Deputy Registrar of Stamps then the GPA is valid.  This is the procedure.  Remember that  Dont get it notarized in your place that will not acceptable in india. 

This is very simple, dont make it complicated

dr g balakrishnan (advocate/counsel supreme court)     30 August 2012

dear sandeep,

Power of  attorney in mumbai is to be executed on Rs.500 non judicial stamp so the Chicago consulate taking Rs 200/- and issuing stamp is indeed irregular, and can be rejected by LIC if you ar from maharashtra. in fact LIC Mumbai better be contacted and act accordingly. Majeed is to correct as the formality but friend naveen suggestion of rs200/- may not be correct. so you are advised  to ask yr brother to contact LIC for their aceptable procedure, else again you may get into rejection by LIC. it is upto you. 

Naveen Kumar (service)     30 August 2012

Mr.Balu sir, I dont know from whr Mr.Sandeep, But this is the procedure we do in Bangalore, it may differ from place to place.  Thanks for your information

dr g balakrishnan (advocate/counsel supreme court)     30 August 2012

tq naveen kumar.  every state has its own stamp duty schedules under stamp Act as the stamp  duty is in state list as aso under concurrent list so variations are there pls. LIC is headquartered at mumbai it has got its own procedures like other insurers like united india insurance company they have to follow GIC guidelines unlike GIC procedures. i am an arbitrator/mediator for insurance companies in India as also arbitrator/mediator/conciliator for shipping companies for them different conventions like NYC/GC we use... so i do not claim i know every thing, as every day is a new day of learning; i am also conciliator for marriage issues as i also act as conciliator before breaks in marriages as break in marriages make the children suffer. So i always tell people before marrying please check background of your would be spouce, as today marriages take place thanks marriage portals. fast marriages land in fast marriages and fast divorces like one changes shirts. people need to treat marriage is creating progeny of you so built up on strong foundations, money needed that is not everything of life but loveable human relations between spouses is my view.. may be wrong to people who just like s*x play but that not last long. s*x is a part like money but it is not hllistic living is it not. so we always say bear with mistakes or errors of spouses and that paves a happy family to live for ever and like that all of us are born and living several centuries even time immemorial. Life is not a consumption economics but a great living of frugality sir!

so your view i appreciated  when u came to help the man in trouble but every issue has to be dealt with individually not generally, law is a high grade profession which treats every case just unique while applyig laws to facts. hence people called it liberal profession but high expertise of application of laws to facts ans facts are facts and facts cannot be challenged but law and its application. so lawers charge fees as they have to rack their brains with facts of a client with existing laws and if laws are incompatible we go head with pleas for declaring law ultra vires as it did not fo]it various facts that emerge and that way laws are geting modified. sir! thanks n regards. Adv.Dr.G.Balakrishnan, Ph.D (Economics) LL.M, 

Naveen Kumar (service)     31 August 2012

Yes Sir, Law Profession is a High Grade and sophisticated Profession compares to others, Lawyers should always dealt with individually, since one's problem is differ from other.  you need to apply your mind/brain.  In the mean time i really appreciate your advice with regarding to newly marrying peoples.  Great work sir.

And also i request members of this club if they wanted to ask an query it's better they should mention their places from where they want relief. 


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