Power of Attorney for Representing Birth/Death Certificates

Disclaimer:
This document is only a sample for general understanding and illustration. Different States and municipal bodies may require specific formats, affidavits, or supporting documents. Always check the relevant government office's official website for the latest rules before final use.

Why This Power of Attorney Is Made

This POA authorises a trusted person to handle birth certificate or death certificate work on your behalf. It covers applying, correcting, collecting, and dealing with government offices that maintain records under the Registrar of Births and Deaths.

Examples:

• You live abroad and need someone in India to collect a birth certificate.
• A hospital made an error in a birth entry, and someone must get the correction done.
• A family member needs to obtain a death certificate for insurance, pension, or legal purposes.
• Old records need to be searched, and someone must handle the running around.

It lets your representative act legally on your behalf without repeated personal visits.

When Should You Make This POA

• You are outside India or in another city.
• You cannot personally visit municipal offices due to health, disability, work schedules, or emergencies.
• You need corrections in birth/death records (name, parent details, date, spelling errors).
• You want someone to collect certified copies or non-availability certificates.
• You need an authorised person to handle grievances or enquiries before the Registrar.

Stamp Duty and Legal Requirements

• Use non-judicial stamp paper as per your State's stamp rules.
• Registration is not required because this POA does not involve immovable property.
• Notarisation is strongly recommended because government offices prefer notarised authorisation to avoid disputes or impersonation.
• Attach self-attested ID proofs of both the principal and the attorney.
• Sign each page and keep a photocopy.
• Fully compliant POAs are accepted before government offices and courts when produced as evidence.

Can It Be Made Without an Advocate?

Yes.

• Do:
  • Write clear powers limited to birth/death certificate work.
  • Fill all blanks completely.
  • Sign in the presence of two witnesses.
  • Notarise the document for credibility.
  • Attach supporting proofs (Aadhaar, PAN, address proof).
• DO NOT:
  • Leave empty spaces where someone could later add details.
  • Give overly broad powers unrelated to certificates.
  • Give POA to someone you do not fully trust first.
  • Forget to submit a copy of the POA with the office receiving the application.

A properly stamped and notarised POA is valid for use before municipal offices, the Registrar of Births and Deaths, Gram Panchayats, and courts.

VALIDITY IN COURT

Courts accept PoAs executed on correct stamp paper, signed, witnessed, and notarised. The attorney can represent you for filing applications, collecting extracts, and managing corrections, but legal arguments in court may require a separate Vakalatnama for an advocate.

For certificate matters, this PoA is fully adequate.

IMPORTANT FAQs

1. Can the attorney apply for a birth certificate on my behalf?

Yes, they can file the application and collect the certificate.

2. Can they apply for a death certificate?

Yes. They can submit the hospital report and cremation/burial certificate and collect the final certificate.

3. Can they request corrections in name or spelling?

Yes. Corrections, clerical errors, and parent name corrections can be handled through this PoA.

4. Is notarisation mandatory?

Not legally mandatory but practically necessary, as most municipal offices insist on notarised authority.

5. Can the attorney pay fees or penalties for delayed registration?

Yes, the PoA includes that power.

6. Can this PoA be used for online applications?

Yes, the attorney can upload documents or visit local facilitation centres.

7. Can the attorney collect a non-availability certificate for old entries?

Yes. This PoA authorises it.

8. Can this be used for delayed registration beyond 1 year?

Yes, but additional documents (affidavit, medical report, panchayat letter) may be required as per the local Registrar's rules.

9. How long is the PoA valid?

Until revoked by the principal or until the purpose is completed.

10. Can the attorney appear before the Registrar for hearings?

Yes, they can appear, respond to deficiencies, and submit required clarifications.