If you are residing in abroad and executing Power of Attorney (POA) for property transaction in India, one common question is whether the witness presence required in Indian embassy or consulate when the POA is attested.
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The answer depends on the country where the POA is being executed, the procedure followed for execution, and the requirements of the concerned Indian Embassy or Consulate.
Generally, there are two different situations:
- If you are directly signing the power of attorney (POA) at the Indian consulate, the witness presence may required at the consulate office
- If you are signing the Power of Attorney at the Notary Public, the witness presence may required at Notary Public and not at Indian consulate
Our Recent New Jersey Case: POA Attestation Without Physical Presence of the Witness
We recently executed a Power of Attorney executed in New Jersey, where the witness was not physically present either at the Notary Public's office or at the Consulate General of India, New York.
Let me share this real-life example to explain how the process was completed.
Step 1: Drafting the Power of Attorney
Our client, who was residing in New Jersey, prepared and printed the Power of Attorney for the proposed property transaction in India.
Step 2: Witness Signed the POA Separately
The witness was not willing to travel to the Notary Public's office.
Therefore, the witness signed the Power of Attorney at the witness's residence in New Jersey.
The signed document was then provided to our client for the next stage of execution.
Step 3: Notarization of the Power of Attorney
Our client approached a Notary Public and signed the Power of Attorney.
In this particular case, the Notary Public verified the witness through a video call and subsequently notarized the Power of Attorney.
This was the procedure followed in our particular case. Not every Notary Public may follow the same procedure, so the requirements of the concerned Notary Public should always be confirmed in advance.
Step 4: Submission to the Consulate General of India, New York
After notarization, we submitted the application for Power of Attorney attestation through the Consulate General of India, New York's prescribed process.
We then sent the notarized Power of Attorney and the required documents to the Consulate General of India, New York through postal
Step 5: Consular Attestation
The Consulate General of India, New York processed and attested the Power of Attorney and returned the document to us through postal
In this particular case, the witness did not have to physically travel to either the Notary Public or the Indian Consulate.
Below is the covering page of the Power of Attorney:
Below is the last page of the Power of Attorney showing the Notary Public's attestation and Consulate General of India's attestation:
Signing the POA After It Reaches India
Sometime another common practice is that in few countries, the Power of Attorney is executed and attested without witness signature
In such situations, once the power of Attorney reaches India, the close family members or friends sign the POA just before proceeding for Stamp Duty Adjudication.
Not able to get witness:
If you have difficult or not getting witness in your country who is willing to travel to notary public or consulate, it should not be an obstacle for your property transaction.
There are ways to execute and attest the POA without the witness physical presence.
Our recent New Jersey case demonstrates that the witness's physical presence at the Notary Public or Consulate was not required in that particular process.
Key Takeaway for NRIs
If you are living abroad and are concerned because you cannot arrange for a witness to physically attend the Notary Public or Indian Consulate, do not assume that your property transaction must be postponed.
There may be practical and acceptable ways to structure the execution and authentication of the Power of Attorney without requiring the witness to travel to the Consulate.
Need assistance with POA drafting, attestation, stamp duty adjudication, or property registration?
Contact PGN Property for professional assistance.
PGN Property
Email: pgnproperties@gmail.com
Contact / WhatsApp: +91-9742479020