261. Power of Attorney Validity in India - Property disputes
Q. Dear sir,
my relation given power of attorney to his friend in India on his (special power of attorney)visit and was not attested by Indian
high commission. This was then canceled as per Indian law in 2oo5.my relation died in 2008.His friend has not executed his
power but now he try to produce a fabricated sale agreement to grab nri land dnd.
All this is started after his death. no money was received by my relations family or by his self. Can his attorney still execute his
power.
Joginder Joshi.
A. Normally, Powers of Attorney given abroad have to be authenticated by an Indian Consulate official or a Notary. It should be
stamped or adjudicated, within three months after receipt in India.
In a case where a power of attorney is presented to a Registrar for property purposes, the Registrar may at his discretion decide
whether to accept the power of attorney.
If you feel an injustice is being done, hire a lawyer and alert the authorities.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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