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c. shah... (Service)     01 August 2013

Authentication and registration of power of attorney?

Wife from foreign country has executed power of attorney for doing acts of mutual consent divorce in India. She has given power to his father who lives in India. She has signed and stuck her photo on the last page of POA draft. POA draft has notarized by public notary of that country. Power of attorney has not authenticated/apostilled by the Indian Consulate of that Country. Then, She sent POA deed in India. POA holder has registered power of attorney from registrar in India. On first page of POA deed, there are stamp of Rs.100 with stamp of district treasure officer , signature & stamp of district Collector for allowance of stamping and stamp of registration with registered power number.

 

Que-1: There are not witnesses name and signed on POA deed. Is it mandatory requirement for name and signatures of witnesses on POA deed.  If yes, then under which section or law it is covered?

 

Que-2: There is not photograph of POA holder (wife’s father) on POA deed. Is it mandatory requirement for photograph of POA holder on POA deed? If yes, then under which section or law it is covered?

 

Que-3: Is this power of attorney valid as per law? If no, then how can registrar authenticate and register POA deed if the power of attorney has not authenticated/ apostilled by the Indian Consulate of that country? If it is guilty of registrar/sub-registrar, how can husband proceed for legal steps against registrar?



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 2 Replies

Prashant Agnihotri (Lawyer)     01 August 2013

If POA is not registered in India,it is not acceptable.

1.witness is neccessary on POA,their photo and signatures r mandatory.

2.yes it is mandatory,POA holder photograph is mandatory.

3.if POA is not registered according to indian law, it is not valid.

you can file a case to quash the POA,which is not valid according to Indian law.

Raj Kumar (na)     24 December 2014

Que-1: There are not witnesses name and signed on POA deed. Is it mandatory requirement for name and signatures of witnesses on POA deed.  If yes, then under which section or law it is covered?

Ans: 

Witness signature is not necessary according to Section 85 in The Indian Evidence Act, 1872: 85. Presumption as to powers-of-attorney.—The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, 1[Indian] Consul or Vice-Consul, or representative 2[***] of the 3[Central Government], was so executed and authenticated.
 
Also Kerala High Court "K.A.Pradeep vs Branch Manager on 27 July, 2007" confirms :
 
"Non- attestation by witnesses will not be fatal to the power of attorney since it is not at all obligatory that a power of attorney should be attested by two witnesses. What is necessary is only its authentication."

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