Equitable mortgage
through Power of Attorney in India is valid?
In
special cases, where documents are to be executed by an attorney on behalf of
the principal, the original Power of Attorney must be examined to ensure that
the same covers requisite authority for the purpose of such execution. It is
advisable to obtain written confirmation from the principal at the time of
execution of the document/s to the effect that such Power of Attorney continues
to be in force and is subsisting. Notarization of power of attorney is not
mandatory; however in such instances, care should be taken to verify that the
power of attorney has been executed in the presence of at least two witnesses /
executed in the presence of a consulate/embassy (if the document is executed
outside India) & that the names and residential addresses and signatures of
the witnesses are also clearly specified / made in the power of attorney.
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