Banking · Legal Aspects of Banking
In a housing loan transaction involving a Non-Resident Indian (NRI) who cannot be physically present in India for the execution of the loan documents and the registration of the mortgage, the bank allows the use of a Power of Attorney (PoA). Which of the following is a mandatory legal requirement for a Power of Attorney executed outside India to be valid for creating a mortgage in an Indian bank?
- 1Only a General Power of Attorney is acceptable for housing loans, and a Special Power of Attorney is legally invalid for creating a mortgage.
- 2The PoA must be executed in the presence of and attested by the Indian Embassy or Consulate in the country of residence and subsequently adjudicated/stamped in India within 3 months.✓
- 3The PoA must be executed on a stamp paper of the country of residence and does not need to be adjudicated in India.
- 4The PoA must be printed on plain paper and does not require any form of attestation or stamping in India.
Correct answer
The PoA must be executed in the presence of and attested by the Indian Embassy or Consulate in the country of residence and subsequently adjudicated/stamped in India within 3 months.
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