Do we need to register Power of Attorney in India?

Asked by: Prof. Aracely Jacobson  |  Last update: September 10, 2025
Score: 5/5 (52 votes)

Navigating Indian state-wise requirements of a PoA For instance, a PoA for the sale of immovable property is mandatorily required to be registered in the majority of states in India, including Maharashtra, Gujarat, Kerala, and Rajasthan.

Does a power of attorney need to be registered in India?

Registration of a Power of Attorney deed is not mandatory in India. But registration of the Power of Attorney deed is mandatory for doing any work related to the transfer of immovable property. It is advisable to register a Power of Attorney deed to enhance the authenticity of the document.

Is unregistered power of attorney valid in India?

It is absolutely valid. 1. For immovable properties, the POA must be mandatorily be Registered in India. ELSE it will be invalid and challenged in case of disputes.

Is power of attorney made in USA valid in India?

Yes, US citizens can grant Power of Attorney for use in India. However, the document must be notarized in the US, attested by the Indian consulate, and comply with Indian laws to be legally valid.

How to register nri POA in India?

Here's a step-by-step guide for NRIs to execute a POA for India:
  1. Step 1: Preparing documents. Having the correct documents is essential when creating any legal binding document, especially an Indian POA. ...
  2. Step 2: Drafting the POA. ...
  3. Step 3: Attestation. ...
  4. Step 4: Registration. ...
  5. Step 5: Stamp Duty.

DIY- How to register Power of Attorney (POA) for property in India

35 related questions found

How do I execute a Power of Attorney from the USA to India?

Creating a Power of Attorney from USA to India requires several steps to ensure it's valid in both the USA and India.
  1. Step 1: Draft the Power of Attorney Document. ...
  2. Step 2: Notarisation. ...
  3. Step 3: Apostille or Attestation. ...
  4. Step 4: Sending the POA to India. ...
  5. Step 5: Registration in India (Optional but Recommended)

Can OCI get power of attorney in India?

What documents are required to make a Power of Attorney as an OCI in India? Ans2. Generally, you'll need valid identification documents, such as your OCI card, passport, and proof of address, along with the details of the appointed attorney.

Can a foreign power of attorney be used in the US?

Here are the main steps to get you the Power of Attorney

Validate the Power of Attorney so that it is legally acceptable in the U.S. or any other foreign country (for a document to be used in the U.S. this means acquire an apostille certificate); Provide a certified legal translation.

Does power of attorney expire in India?

A POA is effective while the individual is alive and expires upon his death. In light of the fact that they are complementary and do not cross over, you truly need both a Power of Attorney and a will. There are two different kinds of POA: one for property and one for personal care, which gives the topic a unique spin.

Is notarized Power of Attorney valid in India?

A Power of Attorney (PoA) is a legal document granting someone authority to act on another's behalf. While notarization in India often suffices, property-related PoAs must be registered with the local sub-registrar.

Can you sell a house with Power of Attorney in India?

Yes, a notarized power of attorney is valid in India. However, for certain transactions, such as those involving immovable property, it is advisable to have the power of attorney registered with the appropriate sub-registrar to ensure its legality and enforceability.

How do I check if a Power of Attorney is valid in India?

1) You can verify the POA is attested by the Indian Consulate through decentralized Branch Secretariats/RPOs of ministry of external affairs in your state. 2) The authentication or attestation of Power of Attorney is required only when a document executed by the principal is presented for registration.

Is Power of Attorney valid without stamp paper in India?

Without proper stamp duty payment, a POA may be deemed invalid and unenforceable, leading to legal challenges and disputes. Navigate Legal Complexities with Confidence! Get in Touch to Secure Your Power of Attorney Now!

What are the four types of Power of Attorney?

A power of attorney (POA) is an estate planning document that grants another person, called the agent or attorney-in-fact, the authority to act on your behalf. In California, there are four main types of POAs, each offering a specific scope of decision-making power: general, durable, limited, and medical.

Can Power of Attorney be signed electronically in India?

Do note: Under the Powers of Attorney Act, all PoAs must be signed. Therefore - as per Section 5 of the IT Act - PoAs can be electronically executed ONLY via “electronic signatures” under the IT Act - Aadhaar eSign, PAN eSign, DSC Token eSign and Doc Signer.

How to give power of attorney from abroad to India?

Mentioned below is the simple step-by-step process for drafting a Power of Attorney for an NRI:
  1. Step 1: Determining the Scope of Authority. ...
  2. Step 2: Consulting Legal Experts. ...
  3. Step 3: Drafting the POA Document. ...
  4. Step 4: Implementing the POA. ...
  5. Step 5: Registering the POA (Optional) ...
  6. Step 6: Transmitting the POA to India.

Does US Bank accept power of attorney?

 You must submit the notarized Power of Attorney document which declares the Attorney-in-Fact. Sec. 1 Enter your name, check the type of account you are putting the Power of Attorney on, and enter your Social Security number and U.S. Bancorp Investments, Inc., account numbers to which this applies.

Can a POA live in another country?

An international Power of Attorney (POA) is a legal document allowing a person to appoint someone to manage their affairs in a different country.

Can an OCI holder live permanently in India?

(i) An OCI is entitled to life long visa with free travel to India whereas for a PIO card holder, it is only valid for 15 years.

Can I open a bank account with a power of attorney?

When opening the account, the bank usually requires a legal power of attorney document and a photo ID. You may also need to fill out the bank's power of attorney form. Also, the account will usually be in the other party's name, but you will have authority over the account.

Can OCI inherit property in India?

OCI cardholders are allowed to inherit property in India; however, they cannot possess agricultural land and must follow the legal processes for handling and returning inherited funds to their home country.

How many years is a power of attorney valid in India?

Durable POA is designed for a lifetime. Under this, the PoA agent has the power to take decisions even if the grantor becomes incapacitated/unfit to take decisions. Generally, a durable POA continues until the grantor's death or unless the grantor cancels the POA.

How many copies of power of attorney do I need?

Make sure everyone who needs a copy has one

You (the principal) and the agent should each have a copy of the power of attorney.

Can I sell property with power of attorney in India?

The Supreme Court of India ruled that a power of attorney cannot be used for the sale of immovable property. Sale transactions must be done through registering a sale deed to ensure authenticity and legality. Power of attorney can authorise actions but not replace the actual transfer of property rights.