THE INFORMATION TAKEN FROM :---economicstimes.com
A power of attorney executed outside India, but which relates to any property situated in India or to any matter or thing to be done in India or received in India is chargeable to stamp duty under the Indian Stamp Act, 1899. The power of attorney is executed outside India on a plain paper without any stamp. The same is required to be stamped within three months after it is received in India by the Collector of Stamps.
▪ The power of attorney should be duly executed before and authenticated by a Notary Public, or any court, Judge, Magistrate, Indian Consul or Vice Consul or representative of the Central government in case executed within India. `Authentication' implies that the above-mentioned persons ie Notary Public, court, Judge, Magistrate, Indian consul or Vice Consul or representative of the Central government assure themselves of the identity of the person who has signed the attorney as well as the fact of its execution. The act of authentication creates a presumption under the Indian Evidence Act, 1872 that the document purporting to be an attorney was so executed and is valid.
▪ A power of attorney executed outside India has to be executed before and authenticated by a Notary Public and also consularised/apostilled by the Indian Consulate present in the country of execution. In international law, consularisation is the act of authenticating any legal document by the consul office of the country in which it is to be used, by the consul signing and affixing a red ribbon to the document for it to be acceptable in the country of use. Foreign countries, who are party to the Hague Convention, require the bearer of a document to obtain an apostille from authorities of the country in which the document was issued. An apostille involves the addition of a certificate, either stamped on the document itself or attached to the document. It certifies the country of origin of the document, the identity and capacity in which a document has been signed and the name of any authority which has affixed a seal or stamp to the document. The apostille enables the presenter to bypass further certification and immediately send or take the documents to the country of intended use. Only certain countries will accept the apostille. Such a power of attorney so authenticated is recognised as valid under the Indian Evidence Act, 1872. The same will also be valid/recognisable under the Registration Act, 1908 for purpose of registration of a document by an agent of a person, or a representative or an assign (where the person executing the document cannot be present for registration).
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