Showing posts with label India. Show all posts
Showing posts with label India. Show all posts

Friday, January 6, 2017

Facing Reality in India

Crimes against women have unfortunately become very common in India! Today my wife was so annoyed at the groping and molestation incident that happened in Bengaluru on new years day that she started discussing it with me with a lot of agitation. I didn't even look at the CCTV video that is available online when I read the news, because my watching the video isn't going to help the victim and is very well going to agitate me a lot. At my wife's behest, I eventually watched it and was quite shocked. I have to admit that I was disturbed for quite some time after watching it. Then my wife went to her own past and recalled how couple of men misbehaved with her in public transport several years ago in India. Then the discussion went to the Delhi gang rape case and how the victim subsequently died. Apparently the main accused is roaming free now after three years in jail, since he was a juvenile. At this point my patience on discussing world affairs came to an end. I hate thinking about problems which can be solved only by a miracle. And in a country like India, I have not seen any miracle happen in my life time (38 years). So the discussion with my wife ended abruptly with me not wanting to continue!

If you really start thinking about this problem at a personal level, all you can do is control things at your end. You cannot change other people or an entire country! No question that the perpetrators of such heinous crimes should be punished severely. But leaving that problem aside for a moment, my advice to women in India is to try and stay away from trouble as much as possible! It is unfortunate that your right as a human being is challenged, but you are living in a country with a lot of problems. You cannot change the country, but you can avoid putting yourself in precarious situations as much as possible. The way that girl was walking at 2:30 AM all alone by herself looked like she was going to get into trouble! Couldn't she have walked with a few friends? Couldn't she have not gone to a party that late at night? I am not saying such things cannot happen inside homes or be committed by close relatives, but at least you can try and protect yourself as much as you can!

Changing the country on this aspect will require a change at another level - law enforcement. When the police is weak and corrupt, crimes are inevitable. Even in a developed country, any rule that is not enforced is flouted. And any crime that goes unpunished encourages others to commit those crimes! I don't think most car drivers in developed countries would follow traffic rules if they are not strictly enforced or if the police start taking bribe! At least in the US, I believe people are afraid of the police for the right reasons and most people follow the rules most of the time. Yes, I don't want a cop to pull me over in the US, because that most likely means I have done something wrong - that is the only reason that should come to my mind. In India, when a cop pulls me over, I think how much this guy is going to take from me! In India we used to joke telling the only difference between a good thief and a bad cop is the police uniform; both of them take money from you! (The bad thieves hurt you physically too!) And a lot of cops in India are bad. The justification is that cops are paid so little that they need to "supplement" their incomes through bribes! When people start justifying mistakes, then there is no solution.

I remember my dad telling me during my last India trip about how bright the days after India got independence from the British. He was only 9 at that time, but he remembered how everyone respected Indian political leaders and how good the police force was, and how much everyone dreamt of having a great life! And he has seen India go from that golden age to its present stage in these 70 years!

I used to think a lot about how to fix the problems in India. After a few years I realized it was futile. I can only do things under my control, like following the rules, waiting my turn in a queue, pay taxes properly, try to stay away from trouble as much as possible and be honest; and if everyone just takes care of just himself, I think the country has some hope for fixing itself!

Wednesday, October 24, 2012

General Power of Attorney India - Document and Procedures

I am going through the task of giving general power of attorney (GPA) to my dad in India. I live in Los Angeles, CA and my dad is in Chennai, India.

I was googling for what to write in it and found a few documents. Many of them had typos and required some editing. I have done some editing to the best GPA document I found on the web and posting it here. You can copy-paste and modify it for your needs :-).



GENERAL POWER OF ATTORNEY

KNOW YE ALL MEN BY THESE PRESENTS THAT I,
<<Your name here>>, (age __) residing at
<<Your address here>>,
do hereby appoint and constitute
<<Your attorney's (dad/mom/whoever) name here>>, (age __)
(hereinafter called “Attorney”) and at present residing at
<<Your attorney's address>>,
to be my lawful Attorney in my name and on my behalf to do any one or all the following acts, deeds and things, namely:
  1. To apply for a loan/s under various schemes of Any Financial Institution as also any further or additional loan/s to Any Financial Institution for such amount as the Attorney may deem fair and for that purpose to pay the processing fee/s and sign the loan application/s in my name and on my behalf and to furnish all the details and information required by Any Financial Institution and to give any statement, letter, clarification or any other writing required or necessary for availing of the said loan/s from Any Financial Institution and from time to time to follow up the said loan application/s and do such other things and deeds as may be necessary in relation thereto.
  2. To accept the loan offer letter/s and sign the acceptance/s thereof in token of my acceptance of the terms and conditions therein contained and to pay on my behalf the administrative fees and any other charges including commitment charges leviable in respect of the said loan/s.
  3. To request Any Financial Institution or agree with Any Financial Institution for any or modification in the loan amount/s, rate/s interest, period of repayment of loan/s or any other terms and conditions in relation to the loan/s at any time or from time to time.
  4. To receive the disbursement of the said loan/s and for that purpose give effectual discharge and give all the necessary information and documents to assist the Technical and Legal Appraisal of the property/ies purchased / to be purchased with the help of the loan/s.
  5. To mortgage any property/ies he/she may book / purchase on my behalf or which I might have booked / purchased (whether with or without Any Financial Institution assistance) with Any Financial Institution by deposit of Title Deeds as security for the repayment of the loan/s granted / to be granted by Any Financial Institution to me.
  6. To deposit of my behalf the documents of title and to state on my behalf to any officer of Any Financial Institution that the said documents are being deposited for creating a security on the said property/ies by way of equitable mortgage of repayment of the said loan/s. The Attorney is fully authorised to make these statement and convey my intentions to create security on my said property/ies or any other property/ies or any other property/ies he/she may book/buy on my behalf.
  7. He/She is further authorised to make any other statements necessary to create equitable mortgage by deposit of title deeds and also to execute any writings, undertaking, indemnities, etc. on my behalf in respect of mortgage of the said property/ies or the guaranteeing of the repayment of the said loan/s ant other writings whatsoever required in respect of the said transaction of the loan/s granted / to be granted to me or creation of the said security.
  8. He/She is also authorised to execute ant loan/s agreement/s, promissory notes, letter/s of declaration and indemnity or such other documents as may be required by Any Financial Institution in respect of the said loan/s.
  9. He/She is also authorised to execute in favour of Any Financial Institution an irrevocable Power Of Attorney authorizing Any Financial Institution to execute in its own favour or in favour of any other person, as Any Financial Institution in its sole discretion may decide, legal mortgage in any form including in the English form of the property/ies.
  10. To buy land/s or property/ies and to book flat/s residential unit/s on my behalf and to execute Agreement/s for Sale for the same with any builder/seller and make payments to him thereof and to present such Agreement/s for registration before the appropriate Registrar / Sub Registrar of Assurance of any other authority in any place or places in India as may be necessary.
  11. To admit execution of the Agreement/s for Sale before the said Registrar / Sub Registrar of Assurances or any other authority as may be required for the purpose.
  12. To obtain possession of the flat/s unit/s as and when the same is ready for occupation.
  13. To receive loan/s and all other documents including title documents on my behalf from Any Financial Institution and execute receipt/s therefore.
  14. To sign forms, documents and papers required for the purpose of registration of Co-operative Housing Society or a Limited Company or an Association of Apartment Owners and become member thereof participating in all the meetings proceedings from time to time, obtain share certificates and/or other documents issued in my name hold the same as my Attorney and obtain possession of the flat/s.
  15. To open and/or operate Bank Account in any Bank in India in any name both resident as well as non-resident. The account may be operated in Indian Currency or foreign currency to be remitted by me from time to time. He/She is authorised to do all such acts, deeds, and things including signing any papers/ documents as are necessary and incidental to the above AND that any act or statement or writing of my said Attorney in pursuance hereto shall be fully authorised and ratified by me.
IN WITNESS WHEREOF I have signed below on the date, month and year hereunder written.


___________________________




(Affix your photo)




Date: _____________





I also gathered from Chandan's blog (and the comments therein) that two of your friends/colleagues need to sign and write their address in this document as witnesses. Their signature need not be done in front of notary public. Your signing has to be done in front of notary. The attorney (i.e. my dad) does not need to sign it.

After getting the document notarized, you have to send it to your secretary of state to get it "apostilled"  (means a special sign for certifying foreign documents). For CA residents, here is the link: http://www.sos.ca.gov/business/notary/authentication.htm

After getting this done, it is highly recommended to send it to the Indian consulate and get it attested by them. Details for the San Francisco Indian consulate are here: http://www.cgisf.org/contents/view/118

After all the above are done, your document is ready and can be sent to India to be used by your attorney.

Will update this post as I go through the process.

Wish me (and you) good luck!


UPDATE

I got signatures of two of my friends with their names and addresses. Then took the 2-page GPA document to a notary public. He asked me for my ID and address proof, after which he notarized it for $10. I also took a passport photo in his office for $4/photo. I was a bit concerned that there won't be enough space on my 2 page document for him to notarize, but he attached a separate sheet.

Then I thought of mailing it to the Secretary of State (SoS) office in Sacramento for apostille. Instead I saw that there is an SoS office in downtown Los Angeles, so drove there on my way to work. Just had to take a token, fill out a simple form asking information about the document. The wait was just 30 min. (there were 10 people ahead of me). The fee was $26 and they accept credit card and personal check. They had attached 1 more sheet and placed their seal across the notary sheet and theirs.

Now I have mailed it, along with my Indian passport, to the Indian embassy in San Francisco for their attestation with a $23 money order.



UPDATE


Unfortunately my application was returned by the embassy since I did not complete and send the Miscellaneous Services Form required by the embassy! I haven't re-applied so far! (But hope the post is still useful for others.)