Legal Question in Civil Litigation in India

I have received a Notice from a Deputy Collector / Sub Divisional Magistrate to answer questions based on a Canadian POA which was sent by a cousin, from Canada , in favour of my Aunty, here in Ahmedabd .

But I have had the Canadian POA checked and it has not met the legal requirements as below :

1) signatory of the person issuing. POA has not been verified by way of Form 10 by the Notary

2) the Notary signature has not been verified by the Notary Society and there after by the British Columbia Attorney General for Authentication

3) It has not been Legalised by the Indian Consulate in Canada prior to sending it to India

4) the POA has not been verified by the local Commisioner at the Muncipal Corporation Offices in Ahmedabsd !

Can I bring all the above to the notice of the Magistrate and request him to throw the POA away since it is invalid in Canada and India since it did not go through the Legal process of Verfication, as required by the Ministry of Justice in Canada. Even the Indian Consulate in Canada states that all POA 's have to be sent to BC Attorney General for Authentication before submitting for Legalisation at the Indian Consulate !!

Thansks

Dipak


Asked on 7/17/14, 8:33 am

1 Answer from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions www.karvai.in

you were advised earlier as well that unless a lawyer goes through the POA and the related documents, the correct position of law cannot be ascertained.

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Answered on 7/24/14, 8:39 pm


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