Foreign Notarised Power of Attorney Valid Only if Country is Reciprocating: Kerala High Court

The Kerala High Court held that a power of attorney executed before a foreign notary can be recognised in India only if the foreign country is a reciprocating country under the Notaries Act.

The Court was hearing a plea challenging the trial court's acceptance of a power of attorney executed in Missouri, USA, for instituting a property partition suit.

The court observed that in the absence of proof of reciprocation, the presumption of validity under Section 85 of the Indian Evidence Act would not arise. However, the Court allowed the plaintiff to produce a duly executed power of attorney to continue with the suit.