According to Section 33 in The Registration Act, 1908:(1)For the purposes of section 32, the following powers- of- attorney shall alone be recognized, namely:
(c) if the principal at the time aforesaid does not reside in India, a power- of- attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice- Consul, or representative of the Central Government: Provided that the following persons shall not be required to attend at any registration- office or Court for the purpose of executing any such power- of- attorney as is mentioned in clauses (a) and (b) of this section, namely:-- (1) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend; (ii) persons who are in jail under civil or criminal process; and (iii) persons exempt by law from personal appearance in Court. 1[ Explanation.-- In this sub- section" India" means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897 )].
But, According to Section 14 in The Notaries Act, 1952: Authentication by Notary is allowed where reciprocal arrangements under the said section exist. i.e.only in case of the countries United Kingdom, Ireland, Hungary, Belgium and New zealand. i.e, Power of registration executed in the Countries (excepts United kingdom, Ireland, Hungary, Belgium) will be authenticated by the Indian Consular Office in that country. and not by the Notary.
My question is: If the Power of Attorney is notarized by Public Notary of Canada only and not countersigned or authenticated by Indian Consulate/Embassy of Canada then the POA is legally Valid or Not?
Please give me proper reply.
