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Q.

Is Notarized Power of Attorney Valid in Maharashtra?

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Let’s discuss: Is notarized power of attorney valid in Maharashtra? Yes, but only partially. A notarized power of attorney (PoA) is legally valid for certain purposes, but for many property-related matters in Maharashtra it is not sufficient.

  • For personal, non-property matters such as managing bank accounts, filing returns, collecting rent, or handling short-term tasks a notarized PoA generally works.

  • Notarization authenticates the identity of the parties and signatures under Indian Evidence Act, 1872 (Section 85), so courts or authorities may accept notarized PoA for limited tasks.

  • If the PoA concerns immovable property (sale, transfer, sale-deed execution, registration, major property transactions), a notarized PoA is typically not legally valid for those purposes in Maharashtra.

  • Under the Registration Act, 1908 (as amended for Maharashtra), any PoA authorizing sale or transfer of real estate must be registered with the Sub-Registrar to be enforceable.

  • Courts and buyers often reject unregistered or only-notarized PoAs for property deals; such PoAs lack strong evidentiary weight, and may be declared void if challenged.

I hope this helps!

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