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Frequently Asked Questions

No, notarization is not mandatory in all cases in India. However, notarizing a Power of Attorney is strongly recommended because it adds legal credibility and helps establish the authenticity of the principal’s signature. A notarized POA is easier to defend if challenged in court and is commonly accepted by banks, institutions, and third parties. While registration can replace the need for notarization in property-related matters, notarization is particularly useful for banking, representation, and NRI-related transactions.

Yes, a notarized Power of Attorney is legally valid in India. Courts generally accept a notarized POA as evidence under the Indian Evidence Act, especially for non-property matters. However, notarization alone is not sufficient for immovable property transactions. If the POA authorizes the sale or transfer of property, registration becomes mandatory under the Registration Act, 1908.

Yes, registration is mandatory for a Power of Attorney used in property sales. Under the Registration Act, 1908, any POA that authorizes execution of a sale deed or transfer of immovable property must be registered at the Sub-Registrar office. An unregistered POA cannot lawfully transfer property and may be rejected by authorities and courts.

Yes, a Power of Attorney can be executed abroad for use in India. Such a POA must be notarized in the foreign country and attested by the Indian Embassy or Consulate. Once brought to India, it may need to be stamped and registered depending on its purpose. For property-related matters, registration in India is generally required.

Notarization verifies the authenticity of the principal’s signature, while registration provides legal enforceability. A notarized POA helps prevent disputes and establishes credibility, whereas a registered POA is officially recorded with the Sub-Registrar and is legally required for immovable property transactions.

An unregistered Power of Attorney carries significant legal risks. It may be rejected by Sub-Registrar offices and may not be accepted by courts in property disputes. This can invalidate transactions, increase fraud risk, and result in prolonged litigation and financial losses.

Only a licensed Notary Public appointed under the Notaries Act, 1952 is authorized to notarize a Power of Attorney in India. The notary verifies the identity of the principal, witnesses the signing, and certifies the document. Notarization by an unauthorized person has no legal validity.

Yes, stamp duty is compulsory for executing a Power of Attorney. Stamp duty must be paid as per applicable state stamp laws. A POA that is inadequately stamped may be treated as invalid or inadmissible in court, especially for property or financial transactions.

Yes, a Power of Attorney can generally be revoked at any time by the principal, unless it is irrevocable and created for consideration or linked to an existing legal interest. Revocation should be done formally and communicated to all concerned parties, and in some cases, registration of the revocation deed may be required.

The Supreme Court has clarified that a Power of Attorney alone cannot transfer property ownership. Ownership of immovable property can only be transferred through a registered sale deed. The Suraj Lamp judgment reinforced that POA-based or unregistered property sales are invalid, making proper registration and documentation essential.

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