Power of attorney (poa)
Querist :
Anonymous
(Querist) 30 April 2022
This query is : Resolved
Question 1. What is the validity of POA (made in Delhi), which does not have any clause/ condition stating its end date? Example If POA made in completed (stamp papers, duly signed etc.) in Jan 2022, can this be used in Jan 2025 (three years later) ?
Question 2. If the POA has been made outside of India then " it should be stamped and adjudicated within three months after receipt in India." What does this mean, as an additional Indian stamp papers need to be bought (depending upon which state)? . Request if the process is explained and then how long will it be valid?
Harinarayan R. Tripathi
(Expert) 30 April 2022
Question 1. Unless otherwise mentioned in POA, a POA is valid until (i) fulfils the object, or (ii) the principal who had given POA is alive, or (ii) getting revoked by its principal.
Question 2: All the instruments, as appearing in Schedule I of the Stamp Act as applicable to the concerned State, need to be stamped as per the provisions of and rate prescribed in the concerned Stamp Act. POA made outside India shall be considered unstamped until the proper stamp duty is getting paid thereon and for making payment on any instrument after its execution is required to be presented before the concerned authority within the timeline (viz. 3 months from its receipt in India) to pay the proper duty to make the same valid and effective. Any delay in payment of stamp duty shall attract penalties as per the concerned Stamp Act.
kavksatyanarayana
(Expert) 30 April 2022
Yes. agreed with the above learned expert. But if you do not get it validated within 3 months, you have no chance to get it validated with a penalty and you have to get another POA outside India.
Dr J C Vashista
(Expert) 02 May 2022
Very well advised by experts, I fully agree and appreciate.
