whether a power of attorney executed abroad is valid here
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(Querist) 09 September 2009
This query is : Resolved
My question is that a power of attorney executed abroad is admissible in India or not ?
If not, what is the remedy ?
That is, a motor accident claim was settled before an adalat for Rs. 15,000/-.
Subsequently, the claimant went to gulf. When the insurance company deposited the cheque, claimant appointed his wife as his special power of attorney holder.
The said PA DEED was prepared in India, in Indian stamp paper worth Rs.100/- and it was sent to gulf and got it signed through Indian embassy.
Now, as regards the procedural requirements of a PA DEED ,everything has been complied with.
Still, when it was produced before the tribunal, it showed some doubts regarding the admissibility of of a document prepared abroad . so the matter is adjourned.
Is there any judgement to the effect that it is also admissible ?
Please advise me.
salilkumar.p
advocate
thalassery
09447536929riven
A V Vishal
(Expert) 09 September 2009
The SPA executed outside is valid in India, however, the procedure adopted by you is completely wrong. The SPA has to be typed on a plain paper and duly notarised by a Foreign attorney or authenticated by the Indian Embassy and when it comes back, it has to be produced before the registrar of stamps under whose jurisdiction the agent stays and get it cancelled(viz. proper stamp duty is affixed, generally by way of franking or thru spl adhesive stamps). The stamp duty for SPA to relatives is Rs.1000/- and after that it becomes valid and can be produced before any court of law. The tribunal was right in rejecting the POA produced before it.riven
Shivasurya
(Expert) 09 September 2009
The POA executed outside india is valid under law, after getting the POA, the agent get adjudication in the concerned District Registrar by executing an affidavit stating that the principal of the POA executed the POA in his favour for the reason of receiving the insurance claim money on behalf of the claimant/Principal of POA. The concerned Registrar made endorsement on back of the POA i.e. called adjudication. In Tamilnadu, if the POA typed in a 100 Rs. stamp paper, the registration fee of Rs.50/- plus some computer charges around Rs.200/- only payable for the said adjudication after that submit the POA before the tribinal, the claim amount will be paid to the claimant wife/power agentriven
N.K.Assumi
(Expert) 09 September 2009
Thank you Vishal and Shivasurya for the explainations.riven
vinjamuri ranga babu
(Expert) 09 September 2009
hi,
yes, it is a valid in indian law provided it has to be attested by the indian ambassador of india.
vrriven
Bhumik Dave
(Expert) 10 September 2009
Agreed with Mr. Vishalriven
A. A. JOSE
(Expert) 15 September 2009
POA executed abroad is legally valid but the procedures rightly advised hereinable have to be followed in India.riven
