Notary process wrt POA
I want to get the registry of my house as per the will of my late father. To complete the process i require the signature of my brother on POA. He is willing to sign but he can't come to India physically anytime soon as he lives in Australia. I want to know if he signs the POA on a plane paper or POA printed on stamp paper of India can it be notarized here in India without his physical presence ?
Hello sir,
In this case, the signature of the notary or judge from whom the power of attorney is issued must be certified by a duly accredited Indian Embassy/Consulate representative. Under Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, notarization of a deed by an authorized officer of the Indian Consulate/Embassy shall be deemed a valid notary public. Such POAs do not need to be stamped at runtime.
However it must be stamped in India within 3 months of receiving the POA. Stamp duty is payable under Section 2(17) in conjunction with Schedule I of the Stamp Act of India, 1899 when the stamp is filed for registration in India.
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