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Gana Subramanian (Private)     12 September 2013

Joint power of attorney

Hi

My wife and I live in Australia and are both Australian citizens of Indian origin. We wish to buy a propoerty in India jointly in our names and we cannot be present there we wish to give General Power of Attorney to a relative in India. I will be grateful if you can advise me:  

1. Can we use a JOINT Power Of Attorney document (where my wife and I, on the same document, jointly confer the General Power of attorney) nominating  this relative as our attorney OR should each of us (My wife and I) confer a General Power of Attorney  individually by means of two SEPARATE DOCUMENTS? I have been getting conflicting advice from friends here but then they are not lawyers. Some say that the document will only be valid if each of us use a separate document each. PLEASE ADVICE.

2. I understand that the process is a) Get two witnesses to witness our signature/s b) Get the document/s Notorised from an Australian Notary Public c) Get the Notarised document "aposilled" (or authenticated , confirming the credentials of the Notary Public) from the relevant an Australian Government agency (DFAT) and d) Take this Notorised and aposilled document to Indian Consulate for their stamp  e) Mail the original document to my authorised Attorney (Relative) f) My attorney then takes the sealed and unopened envelope to the Sub_registrar office in India and gets the GPOA "registered". IS THIS ADVICE CORRECT?

I look forward to your learned counsel on this matter. Thank you.

Regards

Oz Shankar

 

 

 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     12 September 2013

Dear Mr. Ramanathan Sankar,

This is with regards to your query about joint Power of attorney deed.  Please note that you as well as your wife can jointly execute a General power of attorney deed in favor of your proposed agent as a single document with two witnesses.  The other formalities can be proceeded with according to your version in para 2 of your query under reply.  This is the actual procedure, do not get confused by too many (mis) guidances. -  Advocate Kalaiselvan, Vellore; ph:+919443441062

Gana Subramanian (Private)     13 September 2013

Dear Advocate Kalaiselvan,

Thank you for your prompt and comprehensive reply. It is much appreciated. Regards Shankar

S K KARNjhc (Legal Adviser)     22 February 2014

Mr. Shankar sir, you should consult your lawyer asking your concerns rather seeking advise from your friends, as you have been advised well by Kalaiselvan sir, I don't think there left more to be elaborated.

K. GOPALAKRISHNAN (ADVOCATE)     25 February 2014

If you are belong to Chennai, then call over my mobile No.9710925007 for legal assistance.


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