Power Of Attorney for India
Attestation – Power Of Attorney at Indian Embassy. Is there an alternative In UK?
Indian nationals own, manage, buy, sell properties, borrow money, lend money, and do business in India from overseas. Even though you’re here, you still need to manage your property and financial matters.
You need a trusted friend or relative to grant a power of attorney to. Enabling them to handle your paperwork without the need for you to return.
You don’t need to get attestation from the Indian embassy in London.
OK, we know it’s cheaper but it’s not very convenient.
You have to book an appointment online, complete and sign their application forms with two witnesses.
Then when you get an appointment, travelling there, waiting in line to for someone can see you.
Before India jointed the Hague Convention on Apostilles, we had to go to the Consulate General of India.
We know what it’s like in there, you do too!
What Is A Power Of Attorney/POA And Why Do You Need One?
A power of attorney is a document which allows you to grant the power and authority to act on your behalf.
Usually your lawyer in India will present you with the power of attorney already drafted.
Do I Need To Get My Power Of Attorney Notarised?
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.
So it’s important to get the POA notarised.
The Notary’s job to verify your identity and signature on the document minimising the risks of fraud.
Is Notarisation Enough? Do I Need An Apostille?
Once certified or Notarised, documents then require an Apostille from the UK Foreign, Commonwealth and Development Office.
Some argue that the India High Commission should legalise documents for India. This is incorrect.
India has joined the Hague Convention. This means that people no longer need to legalise documents at the Indian consulate.
Instead, an apostille stamp from the UK Foreign Office is sufficient and this complies with the Hague Convention.
India is listed as a contracting party on the Hague Convention. You can find the list here: https://www.hcch.net/en/instruments/conventions/status-table/?cid=41
Do I Need To Do Anything Else With The Power Of Attorney
If you are buying a property, you must register the POA with the Land Registry. Your Indian advisor can help you with this.
Suraj Lamp Industries vs State of Haryana ruled that a POA cannot sell a property in India.
Affidavits
Powers of attorneys and affidavits are often required in India.
If you have to deal with a court or inheritance issue, you may need to swear an affidavit to confirm information.
These need to be sworn before a Notary Public and usually attested with Apostille.
Getting an Apostille
Visit our Apostille Guide – we can get an Apostille on your document on a next-day basis.
FAQs
1. Do I need to get my Power of Attorney attested by the Indian Embassy 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.
2. 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.
3. 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.
5. 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.
6. 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.
7. 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
8. 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.
9. 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 to sign the Transfer Deed yourself.
10. 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.
11. 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.
If you want to avoid the queues at the Indian embassy, call us now for convenience. +442074992605
