Respuestas de Abogados
Ishan Ganguly
Yes, you can execute a Power of Attorney (POA) in Sweden for use in India. However, the process is slightly more involved than a simple local notarization. Because Sweden and India are both members of the Hague Convention, you have two main routes to make your POA legally valid for buying land in India.
1. The Embassy Route (Recommended)
This is generally the most straightforward way for Indian citizens. You sign the document directly in front of an Indian consular officer.
Process:
Drafting: Prepare the POA on plain paper (Indian stamp paper is not required for execution abroad). Ensure it includes your mother’s details and the specific details of the land or the authority to buy.
Appointment: Book an appointment with the Embassy of India in Stockholm.
Signing: You must sign the POA in person at the Embassy counter. Do not sign it beforehand.
Witnesses: You usually need two witnesses to sign the POA. They should also carry their original passports/IDs.
Fee: Pay the prescribed consular fee (typically around 125 SEK + 17 SEK ICWF fee, but check the current Embassy website for updates).
2. The Local Notary + Apostille Route
If you cannot travel to Stockholm, you can use a local Swedish Notary Public (Notarius Publicus), but this requires an extra step.
Process:
Notarization: Take your POA to a Swedish Notary Public. They will witness your signature and stamp the document.
Apostille: After the notary stamps it, the document must be Apostilled by the Swedish authorities (often the same Notary Public office can do this). An Apostille is an international certification that makes the Swedish notary's stamp legally recognized in India.
Embassy Legalization (Optional but safer): While an Apostille technically removes the need for Embassy attestation, some land registrars in India still prefer to see the Indian Embassy’s stamp.
Critical Next Steps in India
Once the document is attested in Sweden and sent to your mother:
Stamping (Adjudication): Within 3 months of the POA arriving in India, your mother must take it to the District Registrar or Sub-Registrar's office to pay the applicable stamp duty and have it "adjudicated." This makes it a legally "stamped" document under the Indian Stamp Act.
Registration: Since the POA is for the purchase of immovable property, it is highly recommended (and often mandatory depending on the state) to get the POA registered at the Sub-Registrar's office where the property is located.
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