S.MANIMARAN (Advocate) 24 March 2014
Dear& Respected Member, today my question is if a foreigner or foreign national had executed a power of attorney infavour of one indian national for dealing with the property in india, what are the procedure to be followed in his nation and in indian to act upon the power kindly give if there is any judgments thanks in advance
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 24 March 2014
A deed of power of attorney is framed complying with laws of both the countries involved. The deed is tobe made sustainable to legal challenge by notarising it from the authorized officer in the Indian Consulate/Embassy as he is a valid notary under Indian law under section 3, Diplomatic and Consular Officers (Oaths and Fees) Act, 1948.
Once the deed is executed from the embassy, it is sent to India for registration along with all the signatures and the payment of stamp fees according to section 2(17) along with schedule I of Indian Stamp Act, 1899. Once registration is done under the adjudication of the sub-registrar, the legality of document can be proved in the court of law beyond all reasonable doubts.
Ministry of external affairs, Government of India has issued a notification L161/1/2003 In March 31st 2006 accepting the Hague convention and entering into force for India on 14th July 2006.
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