My friend has a property in Russia, Irkutsk, she's a native Russian but currently residing in Mumbai on a tourist visa, she's selling her Irkutsk house, the issue is she can't go there to do the paperwork and rest formalities whatever concerns between the buyer and the seller, she wants do it from here, tho her Russian mother could handle all the paperwork and transactions on behalf of her. The question is does her mother has to have POA from her daughter to do all the paperwork? What way can she make a Power of attorney from Mumbai, India and give it to her mother to deal all the paperwork ?
Do we have to involve embassy for any reason in this matter?
Duly registration in sub register of Mumbai won't do?
The native Russian can't make no Power of Attorney from Mumbai for her Russian property giving it to her native russian mother?
What's the solution? Foreign consulate? Where and how do we approach 'em?
2 Answers from Attorneys
Chapter 10 - Article 183 - 185 of the Russian Civil Code, permits execution of Power of Attorney in commercial transaction.
The following are the essential ingredient of such Power of Attorney
(1) Such Power of Attorney must be dated and must specify the duration for such power of attorney. In default such duration is for 1 year.
(2) It must specifically identify the person granting the power of attorney and the person in whose favor such power of attorney is granted.
(3) Nature of the power must be specific and precise.
(4) It must be notarized. In case the person granting power of attorney is residing out of Russia, then such Power of Attorney has to be authorization from the Russian Consulate. Authentication of any type of power of attorney requires Principalís personal appearance at the Consular division. The Consul certifies Principalís identity and mental competence and then authorizes the Power of Attorney.
Before a Power Attorney can be authorized by Consulate, a draft of the power of attorney is required to be send to Notary Section of the Consular division, along with specific information as to date of birth, permanent address and passport data for both a Principal and an Agent.
Should you require any assistance in this matter, then you can contact me in person.
Vivek N Mapara
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