NRI Power of Attorney (PoA) in Gujarat: Section 18 Stamping & Adjudication Rules

Why Overseas Power of Attorney (PoA) Fails in Gujarat

Many NRIs assume that getting a Power of Attorney notarized by an overseas notary or Indian Embassy is sufficient to immediately sell land or sign revenue affidavits in Gujarat.

However, **under Section 18 of the Gujarat Stamp Act, 1958**, an instrument executed outside India is completely invalid and inadmissible in evidence in Gujarat unless it is presented to the **Collector / Superintendent of Stamps** for statutory adjudication and stamping within **3 months of its first receipt in India**.

The Correct 5-Step Process for a Legally Bulletproof NRI PoA

• **Precise Legal Drafting:** The document must strictly define powers (revenue litigation, sale deed execution, bank account operation, or succession application).
• **Overseas Execution:** Signed before a local public notary with Apostille (for Hague Convention countries like USA/UK) or authenticated by the Indian Embassy/Consulate.
• **Dispatch with Proof of Inward Tracking:** Courier the original document to India and preserve the courier slip (DHL/FedEx airway bill) to prove the exact date of arrival in India.
• **Section 18 Adjudication Application:** Submit the original PoA within 90 days to the Collector / Stamping Authority with identity proofs and affidavit.
• **Stamp Duty Endorsement & Registration:** The authority endorses the duty payment on the instrument, rendering it legally executable before Sub-Registrars, Mamlatdars, and courts throughout Gujarat.