Foreign Notarized Power Of Attorney Invalid In India Without 'Reciprocating Country' Status

Introduction

In the realm of cross-border legal transactions, particularly those involving property and litigation, powers of attorney executed abroad have become essential tools. However, their legal validity and evidentiary admissibility in Indian courts are not automatic. The Indian legal system has put in place specific statutory safeguards to ensure the authenticity and enforceability of such documents.

At the heart of this framework lie Section 14 of the Notaries Act, 1952, and Sections 85 and 57(6) of the Indian Evidence Act, 1872 (now Section 84 of Bharatiya Sakshya Adhiniyam, 2023). These provisions collectively govern when and how a power of attorney executed before a foreign notary public can be presumed to be validly executed and authenticated. Crucially, the recognition of foreign notarial acts in India depends on reciprocal arrangements notified by the Central Government. Without such recognition, foreign notarized documents may lack the legal