When registering a property in India using a Power of Attorney (POA) executed abroad, the method of attestation plays a crucial role in its acceptance. There are three common ways to execute and validate a POA for this purpose:
- Consulate Attestation
- Notary Attestation
- Combined Notary and Consulate Attestation
If the Power of Attorney is executed through Notary Attestation alone, it is mandatory to obtain a Notarisation Certificate. This certificate is usually affixed within or attached to the POA document and serves as a formal authentication of the notary’s endorsement.
REAL EXAMPLE: NOTARISATION IN AUSTRALIA FOR A BANGALORE PROPERTY SALE
Recently, we executed a Special Power of Attorney (SPA) in Australia for the purpose of selling a property in Bangalore. The POA was attested by a licensed Notary Public, who not only stamped and signed the SPA but also issued a separate Notarisation Certificate.
This certificate included:
- Notary Public Details: Name, address, contact information, and license/registration certificate
- Applicant Details: Full name, age, identification proof, and residential address
- Official Seal and Signature of the Notary Public
The image below shows the Notarisation Certificate
This Notarisation Certificate is essential for validating the POA in India. Without it, the document may be rejected during the adjudication of Stamp Duty in the Registrar's office..
WHY THIS CERTIFICATE IS CRUCIAL – ANOTHER REAL CASE
In another instance, a Power of Attorney was executed abroad with only the notary's seal and signature, without a notarisation certificate. Upon submitting the document for stamp duty adjudication at the District Registrar’s Office (DRO) in Bangalore, the application was rejected. The DRO explicitly stated that a Notarisation Certificate is mandatory for authentication.
As a result, we had to contact the overseas notary again to issue the certificate, causing unnecessary delays and additional expenses. This issue could have been avoided had the certificate been obtained at the time of POA execution.
CONCLUSION:
If you are executing a Power of Attorney abroad for property registration in India, especially through notary attestation, ensure that a Notarisation Certificate is obtained and attached to the document. This not only meets the legal requirements for authentication in India but also helps prevent costly delays and ensure timely processing.
NEED ASSISTANCE WITH POWER OF ATTORNEY?
We provide end-to-end support for Power of Attorney documents, whether executed in India or abroad.
- Email us at: pgnproperties@gmail.com
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