Tuesday 24 November 2015

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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