Section 14 – Notaries Act – Recognition of PoA by foreign notary in India

Judgment dated 31.7.2025 of the High Court of Kerala in OP [C] No.3213 of 2018 of Margret @ Thankam  Vs.  Joseph Mathew Chettupuzha

 

Section 14 – Notaries Act – Recognition of Power of Attorney by foreign notary in India

 The plaintiff through Power of Attorney has filed suit for execution of release deed in respect of property as per the family arrangement and to declare the gift deed as void.

The PoA was apparently executed and authenticated at St. Louis County,in State of Missouri of USA on 13.4.2018.

This PoA was objected that there was no identification of the plaintiff before the notary public, that the State of Missouri is not a reciprocating country recognised under Section 14 of the Notaries Act, 1952, to recognise notarial acts done in India and that the said document is not stamped under Section 18 of the Kerala Stamp Act.

The defendants no.1 filed an application under Order VI Rule 16 and Rule 11 of the CPC to strike out pleadings and reject the plaint.

HELD that in the absence of recognition and notification under Section 14 of the Notaries Act, an Indian Court cannot unilaterally recognise a notarial act done by a foreign notary.  The mandate of Section 57(6) of the Indian Evidence Act that the Court shall take judicial notice of seals of notaries public can be made applicable to a power of attorney executed by a foreign notary only if the foreign country is a reciprocating country.  In the absence of proof of reciprocation of the foreign country where the PoA was executed before the notary public the presumption regarding identification and authentication as provided in Section 85 of the Evidence Act would not arise.  The impugned order, to the extent, it accepted the PoA and permitted the plaintiff to proceed with the suit with the aid foreign PoA stands set-aside.