It can be signed earlier by your by an attestation at consulate
Dear Lawyer, My Father and Mother back in India would like to sell a property of which I am also an owner (land is on all our three names). I am currently in Dallas and unable to travel. A lawyer friend of mine has drafted a GPA and emailed it to me. I plan to get it attested by the Indian Consulate in Houston. My queries: 1. Should an Attorney sign the GPA before I take it to the consulate or should he/she sign it in India while registering in Sub Reg office after getting it attested in the U.S. first 2. Should I (the executant) and the witnesses also first sign before going to the consulate with the papers or should we sign in the presence of the Consulate? Appreciate your help in advance, Thanks
1. Attorney need not sign the GPA before you take it to the Consulate. Attorney can sign the GPA in India before it's adjudicated.
2. Signature of Executant is a must either before or in the presence of the Consulate on the GPA. Afterwards the witnesses can sign.
Dear Shashidhar Sir, Thank you so much for your clear answer. A final follow-up question is: Would you know if the attorney's sign and witness sign not being required applies to the Indian Consulate in Houston, Texas? I have read that different Consulates have different requirements. Hence, I ask. Thanks again.
Dear Sir,
Even though I have handled this type of work, I am not sure that it applies to the Indian Consulate in Houston, Texas and also aware that different Consulates have different requirements.
U R Welcome.
Instead of getting the signature of Indian Consulate Official, you can get the POA notarised in US, which would serve the same purpose.
The GPA deed you propose to execute in Dallas can be attested by an official of Indian embassy or a local notary public, send the same to the power agent back in India in a sealed cover.
It will be opened by the registrar concerned and after verifying the identity of the power agent, the registrar shall adjudicate the power deed.
Subsequently the power agent can perform the task as prescribed in the power deed on behalf of the principal without any issue.
There's no necessity for your other concerns.
Please note that it is not mandatory to obtain attestation only through Indian consulate.
You can get it attested by a notary public of that country also.
Besides, there's no necessity for the signature of a local attorney for getting it attested by an official of the Indian consulate.
Unsigned POA should be presented for signature an attestation before Indian consulate
2) it should be signed later by your lawyer
3) don’t sign the documents before presenting it for signature
Dear client The applicant can self attest. If the applicant wishes to send by post or through any other person, then send notarized Original Power of Attorney and photocopy of the notarized Power of Attorney. Name and father's name of the expectant should be exactly as in the Passport with expanded initials