NRI › Power of attorney (from abroad)
Attorney misused my power of attorney
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Revoke and warn others nowRevoke the PoA, notify the sub-registrar and banks, and see an advocate about stopping any sale.
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Your situation
- What do you need? A PoA was misused
Where you stand
- Next step A power of attorney signed abroad usually needs embassy attestation or an apostille, then stamping in India within the set time.
Do these now
- Revocation deed executed abroad, and notices to the holder, sub-registrar, banks and buyers
Revocation must be communicated to be effective against others. Where: Documents signed abroad for use in India are usually executed before an Indian embassy/consulate, or before a local notary and then apostilled (for Hague Apostille countries).
Papers to gather
- Execution proof: consular attestation, or notarisation + apostille certificate
Registrars and courts check this first. Where: Documents signed abroad for use in India are usually executed before an Indian embassy/consulate, or before a local notary and then apostilled (for Hague Apostille countries). - Passport/OCI copies of you and ID of the attorney holder; photos
Required at execution and registration. Where: Your documents. - Records of what the holder did (deeds, bank withdrawals, messages)
Supports civil and criminal action. Where: Encumbrance certificate, bank statements, sub-registrar.
You may also need, depending on your answers
- Registration of the PoA (if it will be used to sell property) — Many registrars require it.
What the law says
A PoA signed abroad is generally executed before an Indian consulate, or before a notary and then apostilled. It must usually be stamped in India within a set time after it arrives, and registered if it will be used to sell property.
General information, not legal advice.
Saboot will also ask
- What is it for?
- Which country are you in?
Similar situations
- Give power of attorney from abroad to sell property
- Cancel a power of attorney I gave
- Sub-registrar rejected my foreign POA
Sources
The full guide: Giving, using or cancelling a power of attorney from abroad · All situations