How to Give Power of Attorney to Someone in India from the UK
Whether for property, banking, or family matters, Notary Public London – Edward Young helps Non-Resident Indians notarise and legalise documents recognised under Indian law.
Many Indian citizens, Non-Resident Indians (NRIs), and persons of Indian origin residing in the United Kingdom often face a familiar challenge — they need to handle property transactions, bank accounts, or legal affairs back in India while remaining abroad.
The legal solution is to create a Power of Attorney (PoA) — a formal legal document that allows another person to act on behalf of the principal.
For the Power of Attorney to be recognised by Indian authorities, it must comply with both UK and Indian legal requirements.
This involves signing before a Notary Public, obtaining an apostille from the Foreign, Commonwealth & Development Office (FCDO). There is no need to involve, the Indian High Commission, Indian consulate, or Consulate General of India!
Give Power of Attorney to someone in India from the UK, get the right documents, follow the step-by-step process under both Indian law and UK notary services. If you are ready to have your Power of Attorney attested, give us a call now to book an appointment or contact us using the form.
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Understanding a Power of Attorney (PoA)
A Power of Attorney is a legal instrument authorising another person (the “attorney”) to act for you (the “principal”) in specific or general matters. Under the Indian Power of Attorney Act 1882 (in India), this can include property matters, financial affairs, or court cases.
Types of Power of Attorney
- General Power of Attorney (GPA): Grants broad powers — for example, managing property, accessing bank accounts, or representing in legal matters.
- Special Power of Attorney (SPA): Grants limited or specific powers — e.g., authority to sell a particular property, or to appear before a sub-registrar office.
Each document must clearly specify the scope of powers, duration, and the identity of the attorney.
For Indians living outside India, the document is executed on plain paper (not necessarily on stamp paper) in the UK, but once received in India, it may be registered before the sub-registrar with applicable stamp duty.
Difference Between UK and Indian Powers of Attorney
A UK Power of Attorney (such as a General, Specific or Lasting Power of Attorney) is governed by UK law and only applies only within the UK.
An Indian Power of Attorney, however, is a separate legal document designed to be signed outside India but used specifically under Indian law in India.
Both require that the person granting power has mental capacity and a valid passport as identification.
Legal Requirements Under Indian and UK Law for Powers of Attorney
What a Power of Attorney Should Include
A Power of Attorney intended for use in India must be drafted with precision and clarity.
It should reflect the intentions of the principal, comply with both UK standards and Indian legal requirements, and be acceptable to the Indian authorities who will rely upon it.
When preparing a Power of Attorney in the United Kingdom for use in India, ensure the following elements are clearly included:
- Full identification details of the Principal and the Attorney
The document should specify the complete legal names, residential addresses, and contact details of both the person granting the Power of Attorney (the Principal) and the person who will use the power of attorney (the Attorney or Agent). If the attorney is a blood relative, family friend, or just a trusted third-party, note the relationship clearly. - Purpose and Scope of Authority
Define whether the Power of Attorney is general (covering all legal, financial, and property matters) or special (limited to a specific transaction).
For example, a Special Power of Attorney might authorise the attorney to sell or register a single property, appear before a sub-registrar office, or manage a single bank account.
Avoid vague or “broad powers” wording unless genuinely required. - Description of the Property or Matter
If the Power of Attorney relates to real estate, include the full property address, survey number, and any relevant title or registration details. For financial or court cases, specify the bank name, case reference, or relevant authority. Be as specific as possible. - Duration and Revocation Clause
State how long the authority will remain valid — for example, until completion of the sale, or for one year. Include a clause allowing the principal to revoke the Power of Attorney at any time by written notice, or automatically upon death or loss of mental capacity. - Execution Details
- The date and place of execution (e.g., “Executed at London, United Kingdom”).
- The signature of the principal made in the presence of the Notary Public.
- The seal and signature of the notary, confirming identity verification and voluntary execution.
- In some cases, the witness signatures of two independent persons (recommended for Indian property transactions). Notary Public London – Edward Young can provide 2 independent witnesses but ensure to ask for this when you book so we can ensure we have the personnel present to do the job.
- Supporting Documentation
List and attach any documents enclosed, such as self-attested copies of passports, proof of address, visa status, or passport-size photographs. These supporting items help the Indian sub-registrar or bank officials verify authenticity, especially when there is a mortgage involved. - Jurisdiction and Applicable Law
It is advisable to include a statement confirming that the Power of Attorney is executed in accordance with UK law but intended for use in India, where it will be governed by the Indian Power of Attorney Act 1882. - Signatures and Contact Information
The last page should include the signatures of all parties and the Notary Public’s attestation.
To be legally valid in India, a Power of Attorney executed abroad must:
- Be signed voluntarily before a qualified legal expert called a Notary Public. The Indian Evidence Act 1872 prescribes that if a person executes a Power of Attorney in front of a Notary Public then a Court shall presume that the POA is executed and authenticated.
- For the Principal, refer to a the Principal being identified with valid passport, proof of residence/proof of address such as a utility bill or driving license.
- Require that the person granting power has mental capacity and a valid passport as identification.
- The notary must identify the Principal. To do this, the notary will inspect the principal’s valid passport, proof of address (such as a utility bill, driving licence, or credit card statement).
- Be notarised under UK law. That means that after establishing the identity of the Principal, the notary will certify that the Principal has been identified, has capacity and has signed the POA.
- Be apostilled under the Hague Convention by the FCDO.
Each step ensures that the document satisfies the legal requirements of both countries and is accepted by Indian authorities such as the sub-registrar, local authorities, or banks.
There is no need for the document to be stamped by the Indian High Commission, Indian Embassy or Indian Consulate General.
Indian authorities such as the sub-registrar, local authorities and banks should recognise an Power of Attorney so long as POA attestation has been carried out properly, i.e. the execution of the power of attorney was made before a Notary and an Apostille was obtained.
Obtaining an Apostille from the FCDO
The Foreign, Commonwealth & Development Office (FCDO) issue Apostille certificates in the UK.
Because the UK and India are party to The Hague Convention, Both countries recognise documents as authentic as long as they bear an Apostille. This confirms that the notary’s signature and seal are genuine as certified by the UK Government.
The Apostille is a hard copy certificate and is usually attached to the back of the legal document.
Edward Young Notaries & Lawyers can obtain the Apostille from the FCDO in a Fast Track or Five Day service offering.
Case Study: Anuradha’s Power of Attorney for Mumbai Property
Anuradha, a British resident of Indian origin, owned an apartment in Mumbai jointly with her father. When she decided to sell, she granted a Special Power of Attorney authorising her father to sign all property documents, appear before the sub-registrar office, and receive the sale proceeds.
The document was:
- Drafted by her Indian solicitor in Mumbai.
- Signed before Notary Public London – Edward Young.
- Apostilled by the FCDO.
This Power of Attorney was accepted by all relevant authorities in India without any query. The property transaction concluded within four weeks, demonstrating how qualified professionals and a well-executed process save time and avoid legal complications.
How your Power of Attorney becomes valid in India
A simple, compliant flow: sign in London → notarise → apostille → recognition in India.
Common Use Cases of Powers of Attorney for Indians Abroad
A Power of Attorney from the UK to India is often needed for:
- Real estate and property matters: buying, selling, or renting property.
- Banking and financial matters: managing bank accounts, opening NRE/NRO accounts.
- Court cases: appointing representation in civil or family disputes.
- Business and company affairs: authorising directors or partners to act.
- Family or inheritance issues: handling pension or estate management.
For Non-Resident Indians, the PoA offers flexibility to manage legal matters and financial affairs without returning to India.
Other notarisation for Indian documents
- Sale Deeds and Conveyances – notarising sale or transfer documents before apostille and registration in India.
- Affidavit of Ownership or No-Objection Certificates (NOCs) for sale or lease.
- Lease Agreements or Tenancy Authorisations – granting authority to family members or agents.
- Declaration of Rental Income – verifying income declarations for submission to Indian tax authorities.
- Property Valuation or Verification Certificates – attesting valuation letters issued by Indian valuers.
Banking & Financial Affairs
UK-based NRIs frequently need notarised documents for financial and banking purposes in India, including:
- Bank Authority Letters for operating or closing NRE/NRO accounts.
- Specimen Signature Certificates requested by Indian banks.
- Change of Address Declarations.
- KYC / Re-KYC Documents for Indian banks and mutual funds (passport, proof of address).
- Foreign Remittance or Loan Authority Letters
Personal Legal Declarations
These are highly requested by Indian authorities, courts, and universities.
- Affidavits of Identity / Date of Birth for passports or legal proceedings.
- Name Change or Deed Poll Attestations.
- Proof of Life Certificates (used for Indian pension or government benefits).
- Relationship or Marital Status Affidavits – confirming family relationships for inheritance, OCI, or visa applications.
- Single Status Certificates – required for marriage registration in India.
Family & Inheritance Matters
- Succession and Legal Heirship Declarations for estates in India.
- Affidavit of Consent or Waiver Deeds in inheritance disputes.
- Probate-related documents requiring notarisation and attestation.
- Letter of Administration Powers allowing relatives in India to act for UK-based heirs.
- Attestation of Indian Wills and Codicils executed in the UK
Court and Legal Proceedings
- Affidavits for Indian Court Cases (civil, family, or criminal).
- Vakalatnamas authorising Indian advocates to act.
- Witness Statements or Declarations to be used in Indian courts.
- Proof of Documents and Certified True Copies.
FAQs
Do I need to use the Indian Embassy Notary Service in the UK?
No, since India has joined the Hague Convention, it is no longer necessary to get your Power of Attorney (POA) attested by the Indian Embassy.
Instead, once your POA is notarised, an Apostille stamp from the UK Foreign, Commonwealth & Development Office is sufficient.
What is a Power of Attorney (POA), and why do I need one?
A Power of Attorney (POA) is a legal document that allows you to grant authority to another person to act on your behalf for financial or property matters.
This is especially useful if you are overseas but need someone to manage your property or financial affairs in India.
Do I need to notarise my Power of Attorney?
Yes, it is essential to get your POA notarised. Under the Indian Evidence Act of 1872, a POA executed before a Notary Public is presumed to be valid and authenticated by the court.
Notarisation helps verify your identity and minimise fraud risks.
Notarisation alone is not enough. After notarisation, you must obtain an Apostille stamp from the UK Foreign, Commonwealth & Development Office.
This stamp ensures that the document is recognised in India under the Hague Convention, eliminating the need for legalisation by the Indian High Commission.
What other documents do you notarise and apostille?
We provide notarisation and apostille services for Powers of Attorney, affidavits, and certified copies of passports, specifically for use in India.
Do I need to print my Power of Attorney on stamp paper or plain paper?
It depends on the requirements in India.
You should check with your legal advisor in India to determine whether stamp paper is necessary for your POA.
What documents do I need to bring to my notarisation appointment?
You must bring:
- The document requiring notarisation (e.g., Power of Attorney)
- Your valid passport
- Proof of residence
Do I need to register my Power of Attorney in India?
Yes, if you are using your POA for property transactions in India, it must be registered with the Land Registry in India.
Your legal advisor can assist you with the registration process.
Can a Power of Attorney sell a property in India?
No, according to the ruling in Suraj Lamp Industries vs. State of Haryana, a Power of Attorney cannot sell property in India.
It can only be used for managing property-related affairs but not for the sale of property.
To sell a property, you will need grant a power of attorney to an agent (the Attorney) to authorise them to sign the Transfer Deed yourself.
When do I need to provide an affidavit?
Affidavits are often required in India for court matters or inheritance issues.
If needed, you may need to swear an affidavit before a Notary Public, and it will likely require an Apostille to be valid in India.
How do I get an Apostille for my Power of Attorney?
Once your Power of Attorney is notarised, you can send it to the UK Foreign, Commonwealth & Development Office to receive an Apostille.
This process ensures that the document is valid and recognised under the Hague Convention in India.
Can I find an Indian Notary in the UK?
Indian notaries are only licensed to act in the Republic of India.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is governed by the Office of the Public Guardian and usually applies only within the UK. If you are seeking to use a LPA in India, please ask to speak to Edward Young for advice.
If you want to avoid the queues at the Indian embassy, call us now for convenience. +442074992605
