indian consulate who signs as witness to power of attorney

by Ms. Cristal Skiles 7 min read

Make two copies of it, and sign all the pages in the presence of the designated officer at the Indian Consulate or Embassy, as well as two witnesses (based at the county of residence and non-family members). If the witnesses are not present in person, you would need to get their signatures notarized.

Full Answer

Who can be a witness for power of attorney in India?

Make two copies of it, and sign all the pages in the presence of the designated officer at the Indian Consulate or Embassy, as well as two witnesses (based at the county of residence and non-family members). If the witnesses are not present in person, you would need to get their signatures notarized.

How to get power of attorney from USA to India?

Oct 07, 2021 · 2 witness signatures are required for attestation of Power of attorney. A witness can be anyone holding a valid US ID proof with an address and photo. Witnesses should preferably be other than immediate family members. Witnesses CAN go to Indian Consulate with you? There is NO need to get the notarization. Witnesses CANNOT go to Indian Consulate with …

How do I sign a power of attorney?

Oct 29, 2015 · Sign the power of attorney. Two witnesses should also sign this document. The addresses of the applicant and witnesses should be typed clearly. All this must be done in the presence of a notary public. You can also get this done at the Indian Consulate. All post offices and banks have a public notary too.

What documents are required for power of attorney at Indian Embassy?

In case the signature differs, the documents would be sent back, to be signed again, as in the passport. PoA needs to be signed and witnessed by two individuals (other than immediate family members) with their full names and addresses clearly mentioned. The applicants must get the witness signatures notarized.

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Who can witness a power of attorney in India?

Who can be a witness? The witness should be an adult at least 18 years old and impartial. The witness should neither be named in the document, nor benefit financially from its signing, The witness should be of sound mind. The best witnesses are those that know the signer such as friends, neighbors, or co-workers.May 7, 2017

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.

How do I get power of attorney attested by Indian Embassy?

The Power of Attorney to be attested by the Consulate should be typed on a plain paper or on a Stamp Paper from India. The Consulate does not provide any Stamp Paper nor is it empowered to attest documents drawn on a Stamp Paper. All Powers of Attorneys should carry signatures and addresses of 2 (two) witnesses.Apr 12, 2022

Can a family member be a witness on a power of attorney India?

The witness should not be a direct party or beneficiary in the POA too. In your case, if POA holder is going to be your sister and ONLY you are the executant (the person who is giving away the signing rights), then your husband and daughter can be witness.

Where do I register a power of attorney in India?

Visit the sub-registrar office with the document to be registered. In India it is prepared or done on stamp paper whereas if prepared abroad no stamp paper is required. Those NRIs who are not present in India should get the POA holder to get the registration done.Mar 28, 2017

How do I register a power of attorney in India?

The Power of Attorney registration process includes the following formalities:Drafting of the Power of attorney whether general or special, by a.Submitting the POA with the Sub-Registrar.Attaching the supporting documents with the POA.Attesting the POA before the Registrar.Attesting of the POA by 2 witnesses.Mar 7, 2019

How do you authenticate a special power of attorney?

For example, you need a Special Power of Attorney and a Deed of Sale notarized. Each original document to be notarized must have a photocopy. Photocopy also your valid identification card (examples: driver's license, state identification card or passport) that shows the same full name and signature in your documents.

How can I attest documents from Indian Embassy?

Attestation by Ministry of External Affairs, Government of India. (Address: Ground Floor, Patiala House, Tilak Marg, New Delhi). The certificate/documents for attestation should be submitted to the Embassy/Consulate along with a photocopy of the certificate/document and a copy of his/her passport.

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.Aug 3, 2008

Who can witness a signature on a power of attorney?

Here are the rules on who can witness a lasting power of attorney this time: The witness must be over 18. The same witness can watch all attorneys and replacements sign. Attorneys and replacements can all witness each other signing.

Is witness required for POA?

Two Witnesses should sign and attest the deed at the end of the document. The Special Power of Attorney deed can be attested by a Notary Public with the seal and signature if it is not involving any immovable property.

Who can be witness for property registration in India?

The authorised signatories for the seller and the purchaser, have to be present along with two witnesses, for registration of the documents.Dec 2, 2021

Create Power of Attorney For Property Management in India

Write down POA (2 Copies) or write 1 and then photocopy it later for 2nd version.Take a plain piece of A4 size white paper (No Indian Stamp paper r...

A. Documents Required For Attestation of Power of Attorney

1. Miscellaneous services form. Each Indian embassy their own format: New York, Washington DC, Houston, San Francisco, Atlanta, Chicago . 2. Origin...

Notarization of Power of Attorney

2 witness signatures required for attestation of Power of attorney.Related: How to get Indian police clearance certificate from Indian Embassy Witn...

A. Visiting Indian Consulate Office For Poa in Person – Yes

1. You should either have 2 witness travel with you to embassy or have the notarized POA, as explained above. 2. There is a specific window of time...

B. Send Poa by Mail For Attestation by Indian Consulate?

1. You need to get all the signatures (2 witness + your own) notarized. 2. Get the fees cashier check or money order. The return shipping check has...

Registration of ‘Attested Power of Attorney’ in India

1. Send the original attested POA to India: Registration of ‘attested POA’ can only be done in India. You have to send the POA to your Indian count...

How to write a power of attorney in India?

STEP 1: Write the power of attorney on plain paper. There is no need to create it on stamp paper from India, subject to conditions. Once you have written the power of attorney, be sure to complete the following. Please apply strictly as per your jurisdiction for which you have a verifiable proof of address.

What is a power of attorney?

A power of attorney is a legal document that explains this arrangement between the two parties and gives legal permission for the delegated person to handle the matters.

When can a power of attorney be revoked?

The power of attorney is automatically revoked in the event of death, bankruptcy, and insanity of the principal.

Can a power of attorney be registered in India?

The attested power of attorney that is sent to India should be ‘Registered’ in India. Once registered, the process is complete and legal and it is ready to be used. A power of attorney must be wisely created and given to a trustworthy person. The agent must also be very cautious before accepting a power of attorney.

Who is responsible for apostille?

Send a request for an apostille to the Secretary of State. The Department of State, Authentications Office is responsible for signing and issuing certificates under the Seal of the U.S. Department of State (22 CFR, Part 131.

Does a power of attorney expire?

There is no expiration date on a general power of attorney unless otherwise specified. Special Power of Attorney - A special power of attorney is created to give an agent power to complete a specific job. The power of attorney ceases to apply once the job is complete.

What is a power of attorney?

A power of attorney is a legal document that explains this arrangement between these two parties. A power of attorney can be created to empower the agent for: Financial matters. Property related matters. Commercial or Company matters.

How to revoke a power of attorney?

Yes, the power of attorney can be revoked in the following cases: 1 As a principal, you can revoke the power of attorney. 2 You and the agent may mutually agree to revoke the power of attorney as well. 3 You and the agent may mutually agree to revoke the power of attorney once the goal of giving the power of attorney is complete. 4 The power of attorney is automatically revoked in the event of death, bankruptcy, and insanity (principal).

Who is the principal and the agent?

Who are the principal and agent? As a person who is empowering another person to act on your behalf, you will be the principal and the person you assign as the power of attorney is the agent. Your agent will act for you and his actions will have legally binding implications for you.

What are the different types of power of attorney?

Types of Power of Attorney. There are two types of power of attorney: General power of attorney. Special power of attorney. A general power of attorney is usually a document that allows an agent to act on behalf of his principal on more than one matter. There is no expiration date on a general power of attorney unless otherwise specified.

Can a power of attorney be revoked?

Yes, the power of attorney can be revoked in the following cases: As a principal, you can revoke the power of attorney. You and the agent may mutually agree to revoke the power of attorney as well. You and the agent may mutually agree to revoke the power of attorney once the goal of giving the power of attorney is complete.

Does a power of attorney expire?

There is no expiration date on a general power of attorney unless otherwise specified. On the other hand, the special power of attorney is created to give an agent power to complete a specific job. The power of attorney ceases to apply once the transaction is completed.

What is a power of attorney?

Power of Attorney of property is a legal document transmitting the legal right to the attorney or agent to manage and access the principle’s property in the circumstance the principle is unable to do so by themselves.

When was the power of attorney established?

The Power of Attorney Act, 1882 established in India to give a legal framework and guidance to the conduct of Power of Attorney and describes how to give power of attorney from USA for India for NRIs. Get your Power of Attorney drafted by a lawyer NOW!

Is a specific power of attorney work specific?

The Specific power finishes once the task or specific act is done. Therefore, it is work specific only. Also, under this one cannot assign a Specific Power of Attorney for many acts. In that case you have to establish separate Specific Power of Attorney deeds for each act.

What is the meaning of "renting the whole or any part of the property"?

Renting the whole or any part (s) of the said property on terms and conditions as the attorney in his judgment deems fit and accepts the surrender of ownership from such tenant/lessee or other occupier and to take possession and obtain rents, profits, and income from the property in whole or in part.

Is a power of attorney a transfer?

To summarize, the law bears that a power of attorney is not a tool of transfer in regard to any right, title or interest in an immovable property but any genuine contract carried out through General Power of Attorney is deemed valid under the law. Click here to download the Power-of-attorney-format-for-sale-and-purchase-of-real-estate-for-an-NRI ...

Can an NRI be a power of attorney?

An NRI or non-resident Indian can become a Power of Attorney deed even by living outside India and without having to travel to India for that purpose. Most NRIs have properties ( read our resource on How to sell your property in India and bring back money to USA) and banking business in India which may require their presence while transactions occurs. Hence, NRIs can always assign the powers to transact to another individual who is either a family member or a friend. Both specific and General Power of Attorney can be assigned by NRIs. Let us understand the procedure for making a Power of Attorney Deed

Witness sign to verify that they know you (the PoA Executer)

The witness sign is only for verifying (attesting) that they KNOW you. Notary would just sign and stamp the signature of witness and verify their identity.#N#Witness sign on the same original PoA. Check the sample PoA given above. There is no explicit statement needed.

Nobody attests the content of PoA

Nobody, including Indian Embassy cares about the content of PoA.#N#At every step, only the signatures and identity are notarized and attested.#N#Your signature is attested by Indian Embassy.

1. Attestation of Power of attorney by Indian Embassy

Applicable only if you are outside India.#N#Check this link for a sample ‘Special power of attorney’ that can be drawn for property management in India and then get it attested by the Indian Embassy.

Create PoA copy

Yes, you can create one original copy, get it notarized and then use the photocopy to submit in Indian embassy.

Daughter can give PoA to Father

Yes, your sister can give a PoA to her father and his father can sign in India on her behalf.

Both daughter and father have to go to Indian Embassy

Yes, both daughter and father have to go to Indian Embassy and sign on PoA in front of Indian Consulate.

How to get a power of attorney?

Powers of Attorney can substantially differ in requirements across States and Union Territories. You may find that your POA needs: 1 the inclusion of photographs of the Executant or Donor, and/or their Attorney 2 the signature of the Executant or Donor across an attached photograph 3 a Notary Public’s seal placed over an attached photograph 4 to be witnessed by two (2) people as well as a Public Notary 5 notarisation by a Notary Public only 6 fingerprints or a thumbnail attached. 7 stamped or bonded paper 8 Apostille Stamps / VFS Stamps

Is it hard to move to Australia?

In summary, moving to Australia can be tough, and it can be even tougher when you need to continue your personal and business affairs back in India. It can be made a little easier when you authorise someone back home to carry on your affairs on your behalf.

Can a power of attorney be notarised in India?

As stated, for a Power of Attorney to be legally recognised in India, it will need to be notarised by a Notary Public when signed in Australia . The document may then need to be signed on green “stamped” or green “bonded” paper. This type of paper is not available in Australia.

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