How do I adjudicate foreign power of attorney in India?

Asked by: Ezekiel Terry III  |  Last update: August 3, 2022
Score: 4.4/5 (38 votes)

-The POA must be duly stamped, notarized or adjudicated as per the case. -Power of Attorney executed abroad and authenticated by an Indian Embassy should be stamped and adjudicated within three months after receipt in India.

How do I adjudicate power of attorney in India?

One should carry the following documents for POA Adjudication.
  1. Original & Photocopy of POA (1 set of photocopy)
  2. Requisition Letter for Adjudication (Attached the format below)
  3. ID Proof (Aadhar or Passport)
  4. Stamp Duty through K2 challan.

What is Adjudication process of power of attorney?

The procedure of obtaining the POA settled as per the Indian Stamp Act is called "Adjudication". All POA's issued in foreign nations, due to the NRI being resident outside of India have to be adjudicated to make it a legally accepted record for any kind of property transaction in India.

How do I get power of attorney from abroad to India?

To make the Power of Attorney created from any foreign country as legally valid, one has to complete these formalities:
  1. The Deed has to be made on a plain paper and attested in the Indian Embassy or by a Notary from that country.
  2. The Grantor should place his/her signature in all pages.

How do I verify a power of attorney in India?

Record of rights of the concerned plot be verified. Search in the office of the Registering Authority where the POA was registered, to verify the authenticity of the POA. Payment be made by cheque executing a registered deed of Agreement to Sell.

Sending an Indian Power of Attorney from abroad | NRI Power of Attorney

44 related questions found

Is power of attorney valid without stamp paper in India?

The stamp duty of Rs. 200 is payable at the time of adjudicating the power of attorney in India. The stamp duty should be paid within 3 months from the day of executing the power of attorney. For property matters, It's mandatory to pay stamp duty or sub-registrar will not accept deed registration.

Does power of attorney need to be registered in India?

Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.

Is foreign power of attorney valid in India?

As per section 14 of Notaries Act, 1952 the Power of Attorney be executed abroad can be effective in India but it is advisable to everyone whoever is executing it abroad shall take proper care while executing Power of Attorney because it is an important legal document which transfers the decision making power of ...

Can I send power of attorney from USA to India?

Yes, it is possible. Here is the step-by-step procedure to create power of attorney (POA) in USA and send it to India. Step 1: Prepare draft POA in word file. Step 3: You should sign the POA in front of Indian consult or Notary public in USA.

Is notarised power of attorney valid in India?

Notarization is one of the proper form of authenticating power of attorney in the eye of law and as such General power of attorney dated 28.08. 2008 is valid and properly ratified.

What is Adjudication of document?

About Adjudication of Document. The process of valuing the immovable property and arriving at its market value and ascertaining the proper stamp duty is called adjudication. For adjudication, one can apply to the Collector of Stamps along with copy of the agreement containing the details of the property.

When power of attorney is executed outside India it should be attested by?

So, any power of attorney executed outside India should be authenticated by a notary public of that country , the Indian consul, or by a representative of the Central Government. Such documents need to be stamped within three months from the date of receipt in India, to be payable at the district registrar's office.

How long is power of attorney valid in India?

Also note here that a PoA has to be registered at the Sub-Registrar's Office to get a legal validity. Another important thing to note here is that a PoA remains valid only till the life of the principal. Within their lifetime also, one can revoke the PoA.

What is adjudication under stamping what purpose does it serve?

Adjudication as to proper stamp:- (1) When any instrument, whether executed or not and whether previously stamped or not is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty, if any, with which it is chargeable, and pays a fee of such amount (not exceeding ...

Can NRI sell property through power of attorney?

“A Power of Attorney (POA) plays a significant role in the real estate dealings of the Non-Resident Indians (NRIs). As per the Registration Act, 1908, whenever an NRI sells or purchases a house property, both parties must be present physically while registering the transaction.

How do I file a case from abroad in India?

You need to file it yourself. POA for filling a criminal case not permissible. Your counsel/Advocate (State lawyer if it's a State case) will represent you before the criminal court once the case is filed. Your physical presence will be required at some stages not all.

Does POA need to be attested by Indian Embassy?

There is no need for the documents to be apostilled for Indian Passport holders and OCI/PIO card holders. However, the POA documents must be duly notarized. Please note that Commercial Documents are NOT attested by the Consulate. The same should be apostilled from US Government Authorities for presenting in India.

Can NRI execute power of attorney in India?

“In India, the NRI can get the PoA executed in the Sub-Registrar's office. However, the POA should be drafted on a non-judicial stamp paper of Rs 100 value. Also, two legal representatives and witnesses would be required to execute the deed. All the members should have their valid ID proofs and photographs.

How do I send power of attorney to India from UK?

Your Attorney will need to register the Power of Attorney in the offices of the Sub-Registrar of the relevant area in India. Your Attorney will be required to present and submit evidence of his/her identification alongside the Power of Attorney. A small fee will also be payable to process the document.

Can a foreign document be notarized in India?

The Court has held that even though there might be no reciprocity between India and another country under Section 14 of the Notaries Act, 1952, the notarial acts of the Notaries in the foreign country could be given legal recognition by the courts and authorities in India.

Where do I register a power of attorney in India?

The PoA holder in India needs to get this POA registered to actually make it a valid document and term it as Registered power of attorney. Visit SDM (Sub-divisional magistrate) office in the POA holder's residence district in India (the person who you name in POA) and NOT your own address.

Is power of attorney valid in all states in India?

yes, the power of Attorney is valid universal whether given in any state, however, the attorney holder shall not perform any such duty which is not mentioned in the deed itself.

How do I register a NRI power of attorney?

NRIs register PoA for property purpose:

If the NRI is in India, register it on the stamp paper with the sub-registrar office. If abroad, it can be prepared on plain paper & the authority receiver must get it registered from Indian Consulate office. Take along original copies of address as well as identity proofs.

How much does it cost to register power of attorney in India?

Generally, the stamp duty payable for a power of attorney is Rs 100. For registration , the fee payable is also Rs 100. For a general power of attorney given to promoters and developers, the stamp duty applicable is Rs 1000 and registration charges are Rs 100.

Does power of attorney have to be registered?

In order for a Lasting Power of Attorney to be valid and be used by the Attorney it must be registered. With a Property and Affairs Lasting Power of Attorney, once it has been successfully registered it can be used straight away.