Whether a notary of another country authenticates the Power of Attorney executed by a Non Resident Indian outside India, to be used in India?
Under Section 85 of Indian Evidence Act the following persons are empowered to authenticate the Power of Attorney;
1. Notary Public.
2. Any court of Judge or Magistrate.
3. Indian Consul or Vice Consul.
4. Representative of Central Government.
Under section 14 of Notaries Act, the Central Government of India has to issue notification detailing the recognition of notaries of other countries. But, Government of India has not issued any such notification making reciprocal arrangements for recognition of notarial act of foreign notaries. However, the courts in India are recognising notary public of other countries and there are various judgments in this regard (Abdul Jabbar and others AIR 1980, Allahabad 369).